Family Law-I
Babasaheb Bhimrao Ambedkar University · LL.B. Semester 5 · LB-502
Unit I
1. Introduction of Family Laws · i. What is family? Characteristics of family, Evolution of Family Law, What is family law? Different personal law for different communities · ii. Historical development of Hindu and Muslim Law, Codification of Hindu law · 2. Sources of Hindu Law: Ancient Sources – Shrutis & Smritis, Commentaries & Digest, Custom. Modern Sources – Judicial Decisions, Legislations, Equity, Justice and Good Conscience · 3. Sources of Muslim Law: Primary Sources – Quran, Sunnat, Ahadis, Ijma, Qiyas. Secondary Sources – Custom, Judicial Decision, Legislation, Equity, Justice and Good Conscience
Unit II
i. Schools of Hindu Law: Mitakshra School of Law and Dayabhaga School of law. · ii. Schools of Muslim Law: Sunni school of law and Shia school of law · iii. Application of Law: Who is a Hindu and who is a Muslim?
Unit III
1. Marriage under Hindu Law · i. Nature of Hindu Marriage · ii. Definition and Forms of Marriage · iii. Degree of Prohibited relationship and Sapinda relationship · iv. Grounds for Void & Voidable Marriage · v. Registration of Marriage · 2. Marriage under Muslim Law · i. Nature of Muslim marriage · ii. Kinds of marriage · iii. Essentials of valid marriage · iv. Conditions and impediments of Muslim Marriage · 3. . Difference between Hindu & Muslim Marriage · 4. . Distinction between Shia & Sunni Law of Marriage
Unit IV
i. Dissolution of Marriage: Judicial Separation & Restitution of Conjugal Rights · ii. Dissolution of Marriage under Hindu Law: Theories of Dissolution of Marriage, Grounds of Divorce &Wife’s Special Grounds for Divorce, Divorce by Mutual Consent, Irretrievable Breakdown of Marriage · iii. Dissolution of Marriage under Muslim Law: Essentials of Talaq, Modes of Talaq, Judicial Separation under the Dissolution of Muslim Marriage Act, 1939, Distinction between Shia & Sunni Law of Divorce.