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January To April 2019 Family Law - I Semester-Ii Objectives of The Course

The document outlines the objectives and content of a course on Family Law - I. The course covers Hindu and Muslim personal law governing marriage, divorce, succession, and other domestic relations. It is divided into two parts: Part A covers Hindu law topics like sources of law, schools of law, marriage forms and validity, restitution of conjugal rights, dissolution of marriage, and minority/guardianship. Part B covers similar topics under Muslim law like marriage concepts, divorce under the Dissolution of Muslim Marriages Act, and minority/guardianship. The course aims to analyze the presence of different personal laws for different religious communities in India and discuss the personal laws of Hindus and Muslims in detail.

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152 views5 pages

January To April 2019 Family Law - I Semester-Ii Objectives of The Course

The document outlines the objectives and content of a course on Family Law - I. The course covers Hindu and Muslim personal law governing marriage, divorce, succession, and other domestic relations. It is divided into two parts: Part A covers Hindu law topics like sources of law, schools of law, marriage forms and validity, restitution of conjugal rights, dissolution of marriage, and minority/guardianship. Part B covers similar topics under Muslim law like marriage concepts, divorce under the Dissolution of Muslim Marriages Act, and minority/guardianship. The course aims to analyze the presence of different personal laws for different religious communities in India and discuss the personal laws of Hindus and Muslims in detail.

Uploaded by

Sankalp Parihar
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JANUARY TO APRIL 2019

FAMILY LAW – I

SEMESTER-II

OBJECTIVES 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. 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.

PART A - HINDU LAW

Module I- Introduction to Family Law

 What is Family?
 Characteristics of Family
 Types of Family
Module II- Sources of Hindu law
 Ancient
 Modern Sources
 Codification of Personal Laws

1
Module III- Schools of Hindu Law
 Mithakshara School of Law
 Dayabhaga School of Law

Module IV- Application of Hindu law


 Who are governed by Hindu law?
 Non-Applicability of Hindu law.
 Constitutional Validity of Hindu law.

Module V- Concept of Hindu Marriage

 Evolution of the institution of Hindu Marriage


 Concept of Hindu Marriage
 Marriage as sacrament
 Marriage as contract

Module VI- Forms of Marriage


 Eight forms of Marriage
 Approved Forms
 Unapproved Forms
 Marriage under the Hindu Marriage Act,1955
 Capacity to marriage
 Ceremonial Requirement
 Registration of Marriage

Module VII- Nullity of Marriage


 Void Marriages
 Voidable Marriages
 Legitimacy of children of void and voidable marriages.

Module VIII-Restitution of Conjugal Rights


 Constitutional Validity
 Mode of execution

Module IX- Dissolution of Marriage


 Theories of Divorce.
 Grounds of Divorce
 Judicial separation and their grounds
 Distinction between Divorce and Judicial separation.
Module X- Minority and Guardianship under Hindu law

 Guardianship- Meaning
 Kinds of Guardianship
 Rights, obligations and disqualification of guardian
 Entitlement to guardianship

2
 Guardians and Wards Act, 1890
 Hindu Minority and Guardianship Act, 1956

PART B - MUSLIM LAW

Module I- Origin and Schools


 Pre-Islamic Arabian Society
 Historical Development of Muslim Law
 Schools of Muslim Law
 Sunni School of Law
 Shia School of Law
Module II-Sources of Muslim Law
 Ancient Sources
 Modern Sources
Module III-Application of Muslim Law
 Who is Muslim?

Module IV – Concept of Muslim Marriage (Nikah)

 Nature of Muslim Marriage


 Essentials of Valid Marriage
 Formalities in Muslim Marriage.
 Impediments to Muslim Marriage
 Kinds of Marriage

Module V-Mahr (Dower)


 Concept of Dower
 Kinds of Dower
 Unspecified Dower
 Specified Dower
 Remission of Dower
 Enforcement of Right to Dower

Module VI –Divorce under Muslim Law (Talaq)

 Modes of dissolution of marriage


 Divorce under Dissolution of Muslim Marriage Act, 1939

Module VII- Minority and Guardianship under Muslim law

 Classification of Guardians
 Powers and Functions of Guardians

3
References

1. Kusum, Family law lectures- family Law-I,(2nd edn., 2008 ) Lexis Nexis Butterworths.
2. Asaf A. A Fyzee. Outlines of Mohammaden law, (5 th edn, 2008) Oxford University
Press.
3. Poonam Pradhan Saxena, Family Law Lectures- Family law II, (2nd edn, 2007), Lexis
Nexis Butterworths. (See sources of Hindu and Muslim law).
4. Dr. Paras Diwan and Peeyushi Diwan, Family Law, (7th edn, 2005), Allahabad Law
Agency.
5. M. Hidayattullah, Mulla Principles of Mahomedan law, (19 th edn. 1990), Butterworths
Wadhwa.
6. Asaf A. A. Fyzee, Cases in the Muhammaden law of India, Pakistan and Bangladesh,
( 2nd edn. 2005) Oxford University Press.
7. Satyaeet A. Desai, Mulla Principles of Hindu Law, (20th edn. 2007), Butterworths, India.
8. Kusum, “Matrimonial adjudication under the Hindu Law”, in S.K Verma and
9. Kusum (ed.), Fifty years of the Supreme Court of India- Its grasp & reach, (2000),
Oxford University Press.
10. Daniel Latifi, “Muslim Law”, in S.K Verma and Kusum (ed.), Fifty years of the Supreme
Court of India- Its grasp and reach, (2000), Oxford University

Articles

1. K.N.C Pillai, “Regulating marriage and divorce- Need for a comprehensive legislation”,
48JILI (2006)106.
2. Poonam Pradhan Saxena, “Matrimonial Laws and gender justice”, 45 JILI (2003)315.
3. Daljeet Singh, “Desirability of instant divorce by the judiciary: a critique”, 45
JILI(2003)439.
4. M. Gangadevi, “Restitution of conjugal rights: constitutional perspective”, 45 JILI
(2003) 453.
5. Saleem Akhtar and Mohd Wasim Ali, “Repudiation of marital tie at the instance of the
Muslim wife: misgiving and clarification”, 45 JILI (2003) 471.
6. Dr. Furqan Ahmed,” Understanding the Islamic law of Divorce”, 45 JILI (2003)484.
7. Kusum, “Divorce by mutual consent”, 29 JILI (1987) 110.
8. Dr. Rakesh Kumar Singh, “Age of the parties to Marry: Some unsolved issues” AIR
2006 Page 120.
9. Dr. Rakesh Kumar Singh ,“Alimony under Hindu Marriage Act: An Overview” AIR 2006
Page 41.
10. Madhu Kishwar ,“Codification of Hindu Law: Myth and Reality” Economic and Political
Weekly, Vol. 29, No. 33 (Aug. 13, 1994), pp. 2145-2161.
11. Dr. Anju Tyagi , “Cruelty – A Ground of Divorce” (October) AIR 2006 Page 153.
12. S.A. Karin, “Family Court Amicus Curiae”, AIR 2006 Page 159.
13. Anil Malhotra and Ranjith Malhotra, “Family law and Religion: An Indian Experience”
India and International Law: Introduction, edited by Bimal N. Patel. Volume II 487-513

4
14. Sheetal Mishra, “Gender Justice – The Constitutional Perspectives and the Judicial
Approach” (April) AIR 2006 Page 53.

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