Family Law-II
Jamia Millia Islamia · LL.B. Semester 5
Unit I — SOURCES & LAW OF MARRIAGE
Sources of Hindu Law: Ancient Sources-Shruti-Smiriti-Commentaries and Digests-Custom; Modern Sources-Equity, Justice and Good Conscience- Judicial Decisions (Precedents)-Legislation · Marriage: Concept and Nature of Marriage-Forms-Ceremony-Capacity to Marry-Sapinda Relationship-Degrees of Prohibited Relationships- Validity of Marriage, Kinds of Marriages-Valid, Void and Voidable, Legitimacy of Children. · Matrimonial Remedies: Nullity of Marriage, Judicial Separation, Dissolution of Marriage, Alternate Relief to Divorce Proceedings, Divorce by Mutual Consent, Restitution of Conjugal Rights, Bars to Matrimonial Relief, Ancillary reliefs, Decree in Proceedings (Section 23), Appeals, Enforcement of Decree.
Unit II — GUARDIANSHIP, ADOPTION & MAINTENANCE
Guardianship: Kinds of Guardianship-Kinds of Guardians-Power of Guardian-Removal of Guardian · Adoption: Who may take in Adoption-Who may give in Adoption-Who may be taken in Adoption- Ceremonies required for Adoption- Effect of the Adoption-Relationship of Adopted Child-Restrictive Conditions of Adoption · Maintenance: Maintenance as a Personal Obligation-Maintenance of Dependents-Maintenance of the Members of Joint Hindu Family-Quantum of Maintenance-Arrears and Alteration of Maintenance
Unit III — HINDU JOINT FAMILY AND COPARCENARY
Hindu Joint Family and Coparcenary [Mitakshara & Dayabhaga]: Joint Family-Coparcenary- Mitakshara Coparcenary-Classification of Property, Karta- Position, Liabilities-Who can be a Karta-Dayabhaga Joint Family. · Karta’s Rights & Obligations-Power of Alienation-Legal Necessities-Benefit of the Estate-Acts of Indispensable Duty · Son’s Pious Obligation-Avyavaharika Debts- Antecedent Debts
- Mitakshara joint family
- Mitakshara coparcenary-formation and incidents
- Dayabhaga coparcenary-formation and incidents Property under Dayabhaga law
- Karta of the joint family-his position, powers, privileges and obligations
- Alienation of property-separate and coparcenary
- Debt-doctrines of pious obligations and antecedent debt
Unit IV — INHERITANCE AND SUCCESSION
Inheritance and Succession: Ancient Concept of Inheritance-Aim and Object of the Hindu Succession 1956 · Succession: Testate & Intestate-Succession to the Property of a Hindu Male- Succession to Mitakshara Coparcener’s Interest-Succession to the Property of a Hindu Female-Disqualification to Succession · General Rules of Succession: Section 14 of the Hindu Succession Act 1956 and Its Effects-Distribution of Property after the Hindu Succession Act 1956
- 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
Unit V — PARSI & CHRISTIAN LAW
The Special Marriage Act, 1954 · The Indian Divorce Act, 1869 · The Parsi Marriage and Divorce Act, 1936 · The Family Courts Act, 1984