Family Law – II
The knowledge of family laws is important for law students and lawyers. This course is designed to endow the students with knowledge of both the codified and uncodified portions of Hindu law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc. The study of family laws under this course covers provisions relating to Hindu law from the ancient period of Vedas, Shruti's, Smriti's etc. till the modern period of legislation. The course t also mainly focuses on origin, establishment and development of Hindu Law. It aims to educate students on various matrimonial remedies available under various laws. The Course also imparts details about Uniform Civil Code and its applicability. The object of t
University of Mumbai · B.L.S. Semester 7 · 4 modules · 34 topics · 34 written.
Module 1 — Module 1
- 1.1 Evolution of the institution of marriage and family
- 1.2 Role of religious rituals and practices in molding the rules regulating to marital relations
- 1.3 Types of family based upon Lineage — patrilineal, matrilineal
- 1.4 Emerging concepts: Maitri Sambandh and divided home
- 1.5 Hindu Marriage Act 1955
- 1.6 Benami Transaction Act, 2016
- 1.7 Special Marriage Act, 1954
- 1.8 Domestic Violence Act, 2005
- 1.9 Establishment of family Courts — Family Courts Act, 1984 Constitution, power and functions Administration of gender justice
Module 2 — Module 2
- 2.1 Mitakshara joint family
- 2.2 Mitakshara coparcenary-formation and incidents
- 2.3 Dayabhaga coparcenary-formation and incidents Property under Dayabhaga law
- 2.4 Karta of the joint family-his position, powers, privileges and obligations
- 2.5 Alienation of property-separate and coparcenary
- 2.6 Debt-doctrines of pious obligations and antecedent debt
- 2.7 Partition and re-union
- 2.8 Matrilineal joint family
Module 3 — Module 3
- 3.1 Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956
- 3.2 Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession Act 1956
- 3.3 Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956
- 3.4 Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956
- 3.5 Disqualification relating to succession
- 3.6 General rules of succession
Module 4 — Module 4
- 4.1 Hindu Adoptions and Maintenance Act, 1956
- 4.2 Adoption by members of other religion with special reference to CARA Rules
- 4.3 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- 4.4 The Hindu Minority and Guardianship Act, 1956
- 4.5 Uniform Civil Code
- 4.6 Custody, maintenance and education
- 4.7 Guardianship and parental rights — welfare of the child principle
- 4.8 Religious pluralism and its implications
- 4.9 Connotations of the directive contained in Article 44 of the Constitution
- 4.10 Impediments to the formulation of the Uniform Civil Code
- 4.11 The idea of Optional Uniform Civil Code