Family Law I
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 3 · LAICTT2N
Unit I — Concept, Sources, and School of Personal Laws
Meaning and concept of personal laws in India · Sources and schools of Hindu Law: Shruti, Smriti, Commentaries, Digest, Customs, Precedents, Legislation · Sources and schools of Muslim Law: Quran, Sunna, Ijma, Qiyas, Custom, Legislation, Judicial Decisions Sources of Christian and Parsi Law: Statutory laws, Customs, Precedents
Unit II — Marriage- Forms, Conditions, and Validity Under Personal Laws
A. Hindu Law · Applicability of the Hindu Marriage Act, 1955 (Sec. 2) · Concept and Objective of Hindu marriage · Conditions for valid marriage (Sec. 3 & 5), · Ceremonies (Sec. 7), · Registration (Sec. 8) · Void and voidable marriages (Sec. 11 & 12) · Prohibition of Child Marriages (Child Marriage Restraint Act 129 & Prohibition of Child Marriage Act, 2006) · B. Muslim Law · Nikah: Essential Conditions and Classification: Valid (Sahih), Irregular (Fasid), and Void (Batil) Marriages; Muta Marriage · Mehr (Dower), Iddat, Guardianship in Marriage, Option of Puberty · Prohibition of Marriage and Marriage with Kitaia · C. Christian Law · Indian Christian Marriage Act, 1872: Condition, Procedure for Solemnization, Registration · D. Parsi Law Marriages between Parsis, Condition for Parsi Marriage.
Unit III — Secular and Interfaith Marriage
Special Marriage Act, 1954: Solemnization, Conditions, Registration, Legal effects · Foreign Marriage Act, 1969: Applicability, procedure and legal recognition Social and Legal Significance of Secular Marriages in India
Unit IV — Matrimonial Remedies under Personal Laws
A. Hindu Law · Restitution of Conjugal Rights (Sec. 9) · Judicial Separation (Sec. 10), · Divorce (Sec. 13, 13A, 13B) · Ground of Divorce with particular emphasis on cruelty, Desertion, Option of Puberty, Breakdown of Marriage, Mutual Consent, Irretrievable Breakdown of Marriage · B. Muslim Law · Divorce: · Extra-judicial: Talaq (Ahsan, Hasan, Biddat), Khula, Mubarat · Judicial: Dissolution of Muslim Marriages Act, 1939 · Legal Reforms: The Muslim Women (Protection of Rights on Marriage) Act, 2019
Unit V — Maintenance and Alimony
Scheme of Maintenance: Neglected Wives, Divorced Wives, Minor Children and Parents · Maintenance under Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (Section 144) · Maintenance and Welfare of Parents and Senior Citizen Act, 2007 · Alimony and Maintenance as an Independent Remedy: A Review under different personal laws · The Hindu Marriage Act, 1955 (Section 24 & 25) · The Hindu Adoptions and Maintenance Act, 1956, section · Maintenance of Divorced Muslim Women under Muslim Law: Women (Protection of Rights on Divorce) 1986 · Maintenance of Children under Muslim Law Need to Reform the Law on these subject
Unit VI — Minority, Guardianship and Adoption
Adoption: Essentials and legal conditions for valid adoption; procedure and legal recognition; completion and effects of adoption; rights of adoptive parents regarding property. · Inter-country Adoption: Legal framework for inter-country adoption; CARA guidelines; recognition of foreign adoptions; adoption by foreign nationals. · Guardianship: Guardianship under Hindu and Muslim laws and the Guardian and Wards Act, 1890: types of guardians, procedure for appointment, powers and duties regarding child and property, legal obligations, disqualifications, and limitations.
Unit VII — Dispute Resolution System Under Family Law (Jurisdiction and Procedures)
Family Courts and Alternative Dispute Resolution (ADR): · Establishment, jurisdiction, and functioning of Family Courts under the Family Courts Act, 1984 · Role and significance of mediation and conciliation in resolving family disputes · Civil Suits in Family Matters: · Procedural aspects of civil suits relating to marriage, custody, maintenance, guardianship, etc. · Transnational Family Disputes : Jurisdictional challenges and legal procedures in cross-border family disputes including child custody, divorce, and adoption
Unit VIII — Emerging Trends in Family Law
Surrogacy & IVF · Live in Relationship · Same Sex Marriage Uniform Civil Code