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TITLE OF THE COURSE: FAMILY LAW – I

Semester – II
Importance of the Course:

Family Law is the branch of law, which touches each and every individual of the
society. It governs an integral part of the life of the individual.

In India we have a strange spectacle of personal laws. They owe their diversity to
their varied origin, distinct principles and the bulk of substantive law itself. The personal
laws play a vital role in governing the conflicting interest of the individuals. In India in
personal matters there is no national or regional law. Personal law of a person is not
determined by his domicile or his nationality but by his membership of the community to
which he belongs.

Study of Family Law is Unique. It is not like the rest of the civil laws. It lacks
uniformity in application. It covers an enormous area of domestic relations such as
marriage, matrimonial remedies, legitimacy of children, custody, guardianship, adoption,
intestate and testamentary succession etc. so because of compulsion the sheer bulk of
Family Law in divided into two as family Law-I and Family Law – II. Family Law-II deals
with laws relating to Hindu Joint family, devolution of ancestral or coparcenary property,
succession to separate property of a Hindu and the Muslim law relating to gifts, wills and
inheritance.

The rules relating to marriage, matrimonial remedies, legitimacy of children,


custody, guardianship, adoption is of immense importance as it involves the sensitive
relationship between individuals in the society.

OBJECTIVES OF THE COURSE

In India persons belonging to different religious communities live together and


each community have their own personal law. Therefore the courts enforce different
personal laws for different individuals depending on the religion to which he belong.

The Hindus are governed by the Hindu Law. The Muslims are governed by Muslim
Personal law. The other religious communities have their own Personal Law. Personal law
of one religious community cannot be applied to persons belonging to another religious
community.

The course is designed to analyze the presence of different personal laws for
different community to and to discuss in detail the personal laws of Hindus and Muslims.
HINDU LAW

Part – I Nature and Origin of Hindu Law


Module I – Introduction to family Law
1. What is family?
2. Characteristics of family
3. Types of family
4. Classification based upon marriage

Module II – Evolution of Family Law


1. What is family law?
2. Different personal law for different communities
3. Codification of Hindu law

Module III – Sources of Hindu law


1. Ancient sources
2. Modern sources

Module IV – Schools of Hindu Law


1. Mitakshra School of Law
2. Dayabhaga school of law
3. Joint family and coparcenary

Module V–Application of Hindu Law


1. Who are governed by Hindu Law

Module VI – Concept of Hindu Marriage (3 lectures)


1. Evolution of the Institution of Hindu Marriage
2. Concept of Hindu Marriage
Marriage as a sacrament
Marriage as a contract

Module VII-Forms of Hindu Marriage (5 lectures)


1. Eight forms of Marriage
Approved form
Unapproved form
2. Marriage under the Hindu Marriage Act, 1955
Ceremonial requirements
Guardianship in Marriage

Module VIII – Capacity to marry (6 lectures)


1. Inter caste and Inter-sub caste Marriage
2. Gotra and Sapinda Prohibitions
3. Degrees of Prohibited Relationship
4. Mental Capacity
5. Registration of Marriage

Part – III Matrimonial Causes

Module VIII – Nullity of Marriages (4 lectures)


1. Void Marraiges
2. Voidable Marriages
3. Children of void and voidable Marriages

Module IX – Restitution of Conjugal rights (3 lectures)


1. Constitutional validity of the remedy
2. Mode of execution of the decree for restitution of conjugal rights

Module X – Judicial separation (2 lectures)


1. Grounds for judicial separation
2. Distinction between Judicial separation and divorce

Module XI – Divorce
1. Theories of Divorce
2. Grounds of Divorce

Part – IV – Adoption and Maintenance

Module XII– Adoption in Hindu Law


1. Origin and object of adoption
2. Customary adoption
3. Changes introduced by the Hindu Adoptions and Maintenance Act, 1956
4. Requisites of a valid Adoption

Module XIII - Maintenance Under Hindu Law


Module XIV Minority and Guardianship Under Hindu law

Muslim Law

Part – I Origin and Development of Muslim Law

Module I – Origin and schools (6 lectures)


1. Pre-Islamic Arabian Society
2. Historical development of Muslim Law
3. Schools of Muslim Law
Sunni school of law
Shia school of law
4. Change of sect

Module II – Application of Muslim Law (2 lectures)


1. Who is Muslim?
2. Application of Muslim law
3. Statutory authority of courts to apply Muslim law

Module III – Sources of Muslim Law (5 lectures)


1. Ancient Sources
2. Modern sources

Part – II Marriage

Module IV – Concept of Marriage (7 lectures)


1. Nature of Muslim marriage
2. Essentials of valid marriage
3. Formalities in Muslim marriage
4. Impediments to marriage
5. Kinds of marriage

Module V – Dower (4 lectures)


1. Concept of dower
2. Kinds of dower
Unspecified dower
Specified dower
3. Remission of Dower
4. Enforcement of right to dower

Part –III - Dissolution of Marriage

Module VI – Divorce under Muslim Law


1. Modes of dissolution of marriage
2. The Dissolution of Muslim Marriage Act, 1939

Part –IV – Maintenance and Guardianship

Module VI I – Maintenance
1. Persons entitled to maintenance
2. Maintenance of divorced women
Under Muslim personal Law
Under Criminal Procedure code
Under the Muslim women Act, 1986

Module VIII – Guardian ship


1. Classification of Guardians
2. Powers and function of guardians

Bibliography
1. Principles of Hindu Law by Mulla
2. Mayne’s Hindu Law
3. A.A.A. Fyzee, Outline of Muhammadan Law
4. Family Law in India by G.C.V. Subba Rao
5. Modern Hindu Law by Paras Diwan
6. Modern Hindu Law by Dr. Kesari
7. Hindu Law by Dr. Sharma
8. J.D.M. Derret, A Critique of Modern Hindu Law, 1970

Articles
1. “Age of the parties to Mary : Some unsolved issues”
by Dr. Rakesh Kumar Singh (August) AIR 2006 Page 120
2. “Alimony under Hindu Marriage Act : An Overview”
by Dr. Rakesh Kumar Singh (March) AIR 2006 Page 41
3. “Cruelty – A Ground of Divorce”
by Dr. Anju Tyagi (October) AIR 2006 Page 153
4. “Family Court Amicus Curiae”
by S.A. Karin (October) AIR 2006 Page 159
5. “Gender Justice – The Constitutional Perspectives and the Judicial Approach”
by Miss Sheetal Mishra (April) AIR 2006 Page 53
6. “Revamping of Adoption Laws : A Critique of the Hindu Adoptions and
Maintenance Act, 1956”
by Vanshaia Shukla (July) AIR 2006 Page 108

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