Family Law Teaching Schedule
Family Law Teaching Schedule
Teaching Schedule
of
Family Law- II
for
Sixth Semester
(Paper- V)
Session 2021-2022
1
Table of Contents
Syllabus
Prescribed Reading
Suggested Readings
Teaching Pedagogy
Project Topics
2
Preface/Outline of the Subject
Each religious community in India has its own concepts or personal matters, like marriage,
divorce, sonship, adoption, guardianship, custody and maintenance etc. This branch of law is
given the name of family law. This law derives its authority from scriptures, customs,
traditions, statutory enactments and judicial pronouncements. Thus Hindus (including Sikh,
Jain and Buddhist), Muslims (Shia and Sunni), Christians and Parsis have their separate
personal laws governing family relations.
Hindu Law
The history of the Hindu law goes back to more than three thousand years. Its origin can be
traced in the Vedic literature, social and cultural revolutions and social reforms in the Hindu
society, down through the centuries, brought out various changes in its family law. After
independence, a spate of codifications and reforms followed in several fields of Hindu law.
The two major enactments i.e. The Hindu Succession Act, 1956 and The Hindu Minority and
Guardianship Act , 1956 will be elaborately dealt with in this Semester.
Muslim Law
Muslim law is administered in modern India in matters of family relations arising between
Muslims. Its main sources are the sacred texts of Islamic literature (including commentaries
and digests) supplemented by legislation and case law etc. There has not been much
legislative activity in India with regard to matters governing family relations among Muslims.
There are different ‘Schools’, which interpret Muslim law differently. The Hanafi School
(one of the four Schools of the Sunni Sect) covers a vast majority of Muslims all over India.
The Ithna Ashari School governs most of the Shias. Muslims belonging to the Shafei School
are mostly found in South India. Before the passing of the Shariat Act 1937 certain
communities amongst the Muslims were governed by their customary law (in certain
matters). Important amongst these were:
(i) The Khojas, a trading community of Shias, found in Gujarat and Maharashtra
(particularly, the city of Bombay). (ii) The Bohras (also a trading community of Shia
Muslims) found in Gujarat, Maharashtra and some districts (notably Udaipur) of Rajasthan.
(iii) The Cutchi Memons (a Sunni Muslim trading community) found in Gujarat (where they
originated in Kutchh) and Maharashtra (notably, the city of Bombay). (iv) The Meos of
Haryana. (v) The Mopilla of Kerala who still retain the custom of Tarwad.
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Reverting to the principal School of Muslim law (Hanafi, Ithna, Ashari, Shafei, Maliki etc.it
should be mentioned that these Schools, unlike the Schools of Hindu law, are not based on
regional variations, but on doctrinal differences.Muslim law as administered in modern India
is, to a very large extent, uncodified. Its rules have, therefore, to be deduced from the sacred
texts.
The course is so designed as to acquaint, train and equip the students with the comprehensive
knowledge of the personal laws operating in Indian society. These laws have their bases in
the religions of the respective communities. The students are motivated to study these laws
with historical and social perspective so that they can understand the reasons for the
emergence of these laws and also the anxiety of the founding fathers of the Constitution for
the Uniform Civil Code (vide Article 44 of the Constitution). Thus, the students are required
to study these laws in the Constitutional framework so that they can form their own opinion
as to how far it is proper to have secular matters related to religion.
The students will study personal laws of Hindus, Muslims, Christians and Parsis on
comparative basis. They will themselves find out the points of similarity and difference in
these laws. Thus, a study of personal laws on comparative lines will best train the budding
lawyers to initiate and work for reform in personal laws so that the process of unification
started in the National Law Universities may, one day, fulfill the dream of the founding
fathers of Uniform Civil Code for all the citizens of India which will contribute towards the
unity and integrity of the country. Special care will be taken in the Course to look at status of
women and children in family relations with a view to ensure greater protection of
Constitutional Rights of these people in family law administration. To conclude the Course
objectives in more precise form are as follows:
To familiarize with the most prominent aspects of the concepts and their subsequent
developments in the contemporary world;
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To get acquainted with the problems and lacunas of the Indian Family laws;
To analyze and interpret sacred and statutory text and offer contextual interpretation
before the Courts in India and abroad;
To develop and enhance skills with regard to family matters and their interpretation in
the context.
SYLLABUS
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Module- I
Module- II
1. Separate Property.
2. Joint Family Property.
3. Alienation of Joint Family Property
4. Partition.
5. Reunion.
Module- III
Module- IV
PRESCRIBED READINGS
6
1. Bromley’s, P.M., Family Law, Fifth Edition, Butterworths, London
2. Derrett, J. D. M., A Critique of Modern Hindu Law, N.M. Tripathi Private Limited,
Bombay
London
4. Diwan, Paras, Law of Adoption Minority Guardianship And Custody, Wadhwa and
Company, Allahabad
7. Gour, H.S., The Hindu Code, Law Publishers Private Limited, Allahabad
12. Saxena, Poonam Pradhan, Family Law Lectures-II, Lexis NexisButterworths, New
Delhi
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SUGGESTED READINGS
MODULE I
204 Report (2008) on “Proposal to amend the Hindu Succession Act 1956 as amended
by the Act 39 of 2005”.
207 Report (2008) on “Proposal to amend Section 15 of the Hindu Succession Act
1956 in case a female dies intestate leaving her self-acquired property with no heirs”.
Statutory Reference
The Kerala Joint Hindu Family System (Abolition) Act 1975 The Hindu Succession Act 1956
The Hindu Succession (Andhra Pradesh Amendment) Act 1986 The Hindu Succession
(Tamil Nadu Amendment) Act 1990 The Hindu Succession (Maharashtra Amendment) Act
1994 The Hindu Succession (Karnataka Amendment) Act 1994
(Act No. 30 of 1976) (Act No. 30 of 1956) (Act No. 13 of 1986) (Act No. 1 of 1990) (Act
No. 40 of 1994) (Act No. 23 of 1994) (Act No. 39 of 2005)
The Hindu Gains and Learning Act 1930 The Partition Act1893
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(Act No. 30 of 1930) (Act No. 4 of 1893)
The Hindu Women’s Rights to Property Rights 1937 (Act No. 18 of 1937)
The Hindu Married Women’s Rights for Separate Maintenance Act 1946
Judicial Reference
Jagannath v. Lokanath
AIR 1981 Ori. 52
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Bijay Kumar Shah v. Rama Pati Basu ILR (1942) 2 Cal. 413
Munnalal v. Rajkumar
AIR 1962 SC 1493
10
Duddi v. Duddin AIR 1983 SC 583
11
Md. Ali v. Dinesh Chandra AIR 1940 Cal 417
Readings
nd
Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22 ed. 2016, Ch. XII (Joint
Hindu Family Coparceners and Coparcenary Property- Mitakshara-Law), pp. 311-
426, pp. Ch. XIII (Coparners and Coparcenary Property-Dayabhaga Law), pp. 427-
433.
th
Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17 ed. 2014, Ch. 12
(The Hindu Joint Family), pp. 820-912; Ch. 14 (Alienation), pp. 957-1015.
st
J.D.M. Derrett, ESSAYS IN CLASSICAL AND MODERN HINDU LAW, 1 ed.
st
1977, 1 Ind. Rep. 1995 Vol. 4, pp. 126-137, “May a Hindu Woman be the Manager
of a Joint Hindu Family at Mitakshara Law?” Bom.LR. J., LXVIII 1966, 1-11.
st
J.D.M. Derrett, ESSAYS IN CLASSICAL AND MODERN HINDU LAW, 1 ed.
st
1977, 1 Ind. Rep. 1995 Vol. 2, pp. 8-130, “The Development of the Concept of
Property in India C.A.D. 800-1800”, ZVR LXIV, 1957, 15-130.
st
J.D.M. Derrett, ESSAYS IN CLASSICAL AND MODERN HINDU LAW, 1 ed.
st
1977, 1 Ind. Rep. 1995 Vol. 3, pp. 169-181, “Alienation at Hindu Law: A
Revolutionary Full Bench Decision”, SCJ 1957, 85-96.
st
J.D.M. Derrett, ESSAYS IN CLASSICAL AND MODERN HINDU LAW, 1 ed.
st
1977, 1 Ind. Rep. 1995 Vol. 3, pp. 365-372, “Acquisition of Joint Family Property
through a Coparcener: Let Shastric and Equity Principles join hands”, Bom.LR.J.,
LXXI 1969, 75- 81.
12
st
Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 21 ed. 2010, Ch. XIV (Debts-
Mitakshara Law), pp. 439-486; Ch. XV (Debts-Dayabhaga Law), pp. 487-488.
th
Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17 ed. 2014, Ch. 13
(Liability for Debts), pp. 913-956.
Vijender Kumar, “Basis and Nature of Pious Obligation of Son to Pay Father’s Debt
vis- à-vis Statutory Modifications in Hindu Law”, 36 (1994) JILI 339.
st
J.D.M. Derrett, ESSAYS IN CLASSICAL AND MODERN HINDU LAW, 1 ed.
st
1977, 1 Ind. Rep. 1995 Vol. 4, pp. 173-185, “Hindu Law: Mitakshara: The Pious
Obligation and the Doctrine of ‘Antecedency’: The End to a Prolonged
Controversy?”, SCJ XVIII, 1955, 139-150.
Vijender Kumar and Vidhi Singh, “Extinguishing Hindu Joint Family and Mitakshara
Coparcenary: A Critique”, 1 CLPR 2018, pp. 1-24.
nd
Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22 ed. 2016, Ch. XVI
(Partition and Reunion- Mitakshara Law), pp. 483-536; Ch. XVII (Partition-
Dayabhaga Law) pp. 537-542.
th
Vijender Kumar (rev.), J. D. Mayne, HINDU LAW & USAGE, 17 ed. 2014, Ch. 15
(Partition), pp. 1016-1082.
st
J.D.M. Derrett, ESSAYS IN CLASSICAL AND MODERN HINDU LAW, 1 ed.
st
1977, 1 Ind. Rep. 1995 Vol. 2, pp. 169-181, “The Hindu Law Relating to Pre-
emption”, Adyar Lib. Bull. XXV, 1961, 13-27.
nd
Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22 ed. 2016, Ch. X
(Women’s Property: Part-I Stridhana-Law Prior to the Hindu Succession Act 1956),
pp. 205-240; Ch. XI (Women’s Property: Part II Property Acquired by a Woman by
Inheritance-Law Prior to the Hindu Succession Act 1956), pp. 241-310.
13
th
Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17 ed. 2014, Ch. 18
(The Hindu Women’s Rights to Property Rights 1937), pp. 1186-1195; Ch. 20
(Stridhana), pp. 1204-1229; and Ch. 21 (Women’s Estate), pp. 1230-1276.
Vijender Kumar, “Proprietary Rights of Females under Hindu Law: Strains and
Stresses” 39 (1997) JILI 376.
th
A.A.A. Fyzee, OUTLINES OF MUHAMMADAN LAW, 5 ed. 2008, Ch. 13 (Sunni
Law of Inheritance), pp. 314-351; Ch. 14. (Shia Law of Inheritance), pp. 352-369.
Poonam Pradhan Saxena, “Succession Laws and Gender Justice”, Archana Parashar
st
and Amita Dhanda (eds.), REDEFINING FAMILY LAW IN INDIA, 1 ed. 2008,
pp. 282- 305.
Bina Agarwal, “’Bargaining’, Gender Equality and Legal Change: The Case of
India’s Inheritance Laws”, Archana Parashar and Amita Dhanda (eds.),
st
REDEFINING FAMILY LAW IN INDIA, 1 ed. 2008, pp. 306-354.
nd
Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22 ed. 2016, Ch. XIX
(Wills), pp. 551-563.
th
Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17 ed. 2014, Ch. 27
(Wills), pp. 1541-1572.
th
A. A. A. Fyzee, OUTLINES OF MUHAMMADAN LAW, 5 ed. 2008, Ch. 11 (Wills
and Death-bed Gifts), pp. 289-303.
Vijender Kumar and Vidhi Singh, “Extinguishing Hindu Joint Family and Mitakshara
Coparcenary: A Critique”, 1 CLPR 2018, pp. 1-24.
nd
Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22 ed. 2016, Ch. XVIII
(Gifts), pp. 543-549.
th
Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17 ed. 2014, Ch. 26
(Gifts), pp. 1529-1540.
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Acknowledge), pp. 109-111; Ch. XI (Gifts), pp. 112-142.
th
A.A.A. Fyzee, OUTLINES OF MUHAMMADAN LAW, 5 ed. 2008, Ch. 8 (Gifts),
pp. 181-223.
th
A.A.A. Fyzee, OUTLINES OF MUHAMMADAN LAW, 5 ed. 2008, Ch. 9 (Law of
Wakfs), pp. 224-270.
Vijender Kumar, Matrimonial Property Law in India: Need of the Hour, JILI Vol.
57:4 2015, pp. 500-523.
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OTHER READINGS
Alison Diduck and Felicity Kaganas, Family Law, Gender and the State - Text, Cases
Eekelaar, John, Family Law and Social Policy, Weidenfeld and Nicolson, London
Gour, H.S., The Hindu Code, Law Publishers Private Limited, Allahabad
Jonathan Herring, Family Law, Longman Law Series, Second Edition Pearson
Longman, Harlow
Nigel, Lowe and Gillian, Dougals, Bromley's Family Law, Tenth Edition, LexisNexis
U.K., London
Rao’s, E.L. Bhagiratha, Marriage Law and Family Courts Act, Asia Law House,
Hyderabad
Rayden’s, Law and Practice in Divorce and Family Matters, Vol. 2, Butler Tonner
Limited, London
Stephen M., Cretney, Judith M., Massion and Rebecca Bailey-Harris, Principles of
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Tentative Teaching Schedule
3. Coparcenary 1
9. Partition. 2
10. Reunion 1
Total Lectures 8
Module III
11. Intestate Succession of Hindu Male and Female 2
Total Lectures 8
Module IV
16. General Principles of Inheritance under Muslim Law. 3
17
20. Guardianship under Muslim Law. 1
Total Lectures 9
Teaching Pedagogy
18
Lecture Method
Case Analysis
Presentations
Project Viva
Instructions to Students
The above teaching schedule is tentative and is subject to change as per the need and
PROJECT TOPICS
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1. MUSLIM LAW OF INHERITANCE: AN ANALYSIS
LAW: AN ANALYSIS
STUDY
AN ANALYSIS
STUDY
CHILD - A STUDY.
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- AN ANALYSIS
APPRAISAL
RIGHTS : A STUDY
AN ANALYSIS
LAWS
WOMEN:AN ANALYSIS
TRAVELLED
21
IN INDIA: A STUDY
INTESTATE
LAW
Submitted by:
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