Family Law-I

Unit I — MARRIAGE & DIVORCE

Marriage: Definition, Nature, Formalities-Legal Effects-Kinds of Marriages- Legal Effects-Stipulations in Marriage Contract-Prohibitions to a Muslim Marriage- Permanent and Temporary, Option of Puberty, Restitution of Conjugal Rights. · Divorce: Classification of Divorce-By the Husband-By the Wife-By Mutual Consent, By Judicial Process-Effects of Divorce-Apostasy and Conversion as Grounds of Divorce-Iddat-Rationale and Utility-The Dissolution of Muslim Marriage Act, 1939- Triple Divorce-Position in other countries.

• Concept of Marriages and Mehr under Muslim Law
• Dissolution of Muslim Marriage

Unit II — DOWER & MAINTENANCE

Dower: Definition, Nature & Kinds of Dower: Specified and Unspecified, Prompt and Deferred Dower-Subject matter of Dower-Widow’s Right of Retention in lieu of Dower, Payment of Dower and Maintenance-Sections 125- 127 of the Criminal Procedure Code, 1973. · Maintenance: Definition-Maintenance of Wife-of Descendants-of Ascendants- of other Relations-Maintenance under Agreement-Maintenance under the Criminal Procedure Code-Maintenance under the Muslim Women (Protection of Rights on Divorce) 1986-Section 77 of the Waqf Amendment Act, 2013.

• Concept of Marriages and Mehr under Muslim Law
• Maintenance General Principles of Maintenance

Unit III — GUARDIANSHIP

Parentage/ Acknowledgement & Legitimacy: Introduction-Parentage: Paternity and Maternity-Legitimacy and Legitimation-Presumptions of Legitimacy-Section 112 of the Indian Evidence Act-Acknowledge of Paternity- Conditions of Valid Acknowledgement-Effects-Rebuttal of Acknowledgement- Position of Adoption under Muslim Law [The Muslim Personal Law (Shariat) Application Act, 1937] · Guardianship: Definition-Concept of Guardianship in Islam-Age of Majority- Appointment of Guardian, Kinds of Guardians-Kinds of Guardianship- Guardianship of Person (Right of Custody)-Guardianship of Property- Guardianship in Marriage-Disqualification-Termination-Power of Alienation- Movable and Immovable Property.

• Paternity Legitimacy, Parentage and Acknowledgment Parentage
• Guardianship Custody (Wali) & Hijnat Definition of Guardian Classification of Guardianship Power of Guardian Disqualification of Guardian

Unit IV — LAW OF WILLS & WAQF

Wills: Definition-Concept: Creation- Capacity-Subject-matter of Will- Limitations to Will-Abatement of Legacies-Death-Bed Gifts-For whom Bequest can be made-Revocation of Wills-Bequests which are not Absolute- Interpretation of Wills; Gifts – Definition-Essentials-Exceptions to the General Rule-Capacity, In whose favour, Subject-Matter, Gift of Musha- Exceptions, Conditional-Contingent-Future Gifts, Revocation of Gift-Life Interest-Life Estates. · Waqfs: Definition and Meaning, Origin, Kinds and Family Law of Waqfs, Essentials, Legal Incidents, Creation, Subject-Matter, Objects, Beneficiaries, Waqfs for Benefit of Humanity, Administration-Statutory and Non-Statutory; Law before 1913 and after 1913-The Waqf Amendment Act, 2013.

• Property Hiba Doctrine of Pre emption Mutawali — powers and duties

Unit V — SUCESSION & INHERITANCE

Administration of Estates: Meaning, Vesting of Estate and Payment of Debts- Extent of Liability of Heirs for Debts-Alienation before Payment of Debts · Succession and Inheritance: Position Before Islam-Reforms brought by Islam- General Rules of Inheritance-Doctrine of Representation-Total and Partial Exclusion-Hanafi Law of Inheritance-Shia Law of Inheritance- Differences between the two laws of inheritance.