Family Law I
Dr. Bhimrao Ambedkar Law University, Jaipur · LL.B. Semester 1 · 1.4
Unit I — Sources and Application of Family Law
1.1 Evolution of Personal Laws in India · 1.2 Hindu Law: Sources and Application · 1.3 Coparcenary, Joint Family Property and Self-acquired property; Karta and his powers and obligations, · 1.4 Religious and Charitable Endowments · 1.5 Emerging Trends in Family Law: Same Sex Marriage; Live-in-relationship
- Evolution of the institution of marriage and family
- Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956
- Mitakshara joint family
- Mitakshara coparcenary-formation and incidents
- Karta of the joint family-his position, powers, privileges and obligations
- Emerging concepts: Maitri Sambandh and divided home
Unit II — The Hindu Marriage Act, 1955
2.1 Conditions of a valid Hindu Marriage; Its ceremonies and registration, Void and Voidable Marriage; · 2.2 Restitution of Conjugal Rights; Judicial Separation, · 2.3 Legitimacy of Children of Void and Voidable Marriage; · 2.4 Divorce and its grounds; Alternative relief in divorce proceedings, Divorce by Mutual Consent, · 2.5 One year bar to Divorce; Divorced persons when may marry again; Jurisdiction and Procedure.
Unit III — The Hindu Succession Act, 1956 and The Hindu Adoption and Maintenance Act,
The Hindu Succession Act, 1956: · 3.1 Succession to the property of a Hindu male; Succession to interest in Coparcenary property, · 3.2 Property of a Female Hindu to be her absolute Property; Succession to the property of a Hindu female; · 3.3 General rules and disqualifications of succession, Escheat; Judicial Responses. The Hindu Adoption and Maintenance Act, 1956: · 3.4 Requisites of a valid adoption; Capacity to take in adoption; Capacity to give in Adoption, Effects of Adoption; Miscellaneous provisions of adoptions; · 3.5 Maintenance of wife, children and parents; Maintenance of widowed daughter-in-law; Dependents and their maintenance; Amount of Maintenance; Judicial Responses;
- Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession Act 1956
- Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956
- Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956
- Disqualification relating to succession
- General rules of succession
- Hindu Adoptions and Maintenance Act, 1956
Unit IV — The Hindu Minority and Guardianship Act, 1956
4.1 Natural Guardians and their powers; Testamentary guardian and their powers, De Facto Guardian, · 4.2 General Provisions of Guardianship; Judicial Responses. · 4.3 Partition under Hindu Law: Meaning, Property for Partition, person entitled to sue for partition and allotment of shares, Partition, and allotment of shares, how effected, · 4.4 Determination of shares, Re-opening of Partition, Reunion, · 4.5 Debts – Doctrine of Pious Obligation; Antecedent Debts; Judicial Responses;