Family Law – I
University of Jammu · LL.B. Semester 1 · LLB105
Unit I — Sources and Schools and Marriage under Hindu Law
Sources of HinduLaw: · Ancient sources: Sruti, Smriti, Digests and Commentaries,Custom · Modern sources: Equity, Justice and Good Conscience, Precedent and Legislation · Schools of HinduLaw · Mitakshara and Dayabhaga School; Sub-schools ofMitakshara · Marriage. · Nature and concept of Hindu marriage, Essential conditions of a Hindu marriage; Consequences of violating these conditions; and ceremonies ofmarriage · Void and Voidable marriage under Hindulaw
Unit II — Sources and Schoolsand Marriage under Muslim Law
Sources of MuslimLaw · Ancient sources: The Koran, The Sunna (practices of Prophet), Ijma (Consensus of Opinion) and Qiyas (Analogicaldeduction) · Modern sources: Equity, Justice and Good Conscience, Precedent and Legislation · Schools of MuslimLaw · Sunni School of MuslimLaw · Shia School of MuslimLaw
Unit III — Matrimonial Remedies
Non-judicial resolution of marital conflict problem; unilateral divorce; divorce by mutual consent and other modes of dissolution of marriage under Muslimlaw. · Grounds for divorce under Indian Dissolution of Muslim Marriage Act,1939. · Judicial resolution of marital conflictunder Hindu Marriage Act, 1955. · Restitution of conjugalrights · Judicialseparation · A general perspective of matrimonial fault theory and the principles of irretrievable breakdown ofmarriage. · Grounds for divorce under HinduLaw · Bar on matrimonial relief under Hindulaw
Unit IV — Alimony and Maintenance
Maintenance of neglected wives, divorced wives, minor children, disabled children and parents who are unable to support themselves under the Code of Criminal Procedure,1973. · Alimony and Maintenance: (i) as an independent remedy, a review under different personal laws; (ii) as ancillary relief: Alimony pendent elite and permanent maintenance.