Family Law-1
Mahatma Gandhi University · LL.B. Semester 2 · UL-8
Unit I
Origin and Sources of personal laws in India-Concept of Family – Types of Families - Concept of Personal Law vis a vis Secular Law - Application of Hindu Law- Sources of Hindu Law- Traditional sources –Modern sources- Sruti- Smriti- Commentaries and Digest - Custom- Legislation- Judicial Decision- Justice equity and good conscience- Schools of Hindu Law- Mithakshara and Dayabhaga- Application of Muslim Law- Sources of Muslim Law- Primary sources- Secondary sources-Quran- Sunnat- Ijma- Qiyas- Judicial decisions- Legislation- Origin and schools of Muslim Law – Sunni- Shia - Uniform Civil Code.
Unit II
Law relating to Marriages – Marriages under Hindu Law- concept under Old Hindu law - Hindu Marriage Act 1955- Essentials- formalities- void and voidable marriages- nullity – Restitution of Conjugal rights- Judicial separation- Divorce- mutual consent- proceedings for matrimonial reliefs – interim measures- maintenance pendent lite- permanent alimony-Law relating to marriages under Muslim Law- Concept and essentials of marriage under muslim law- Validity of marriages- valid – void and Irregular- Requirement of dower- Classification of dower and its enforcement - Divorce- Judicial and extra judicial- Talak- different forms- Special features of marriages under Special Marriage Act, including registration of marriage- Christian Marriages- its essentials – matrimonial remedies and the Family Courts Act, 1984.
- Hindu Marriage Act 1955
- Special Marriage Act, 1954
- Concept of Marriages and Mehr under Muslim Law
- Dissolution of Muslim Marriage
- The Indian Christian Marriage Act, 1872
- Divorce Act 1869
- Establishment of family Courts — Family Courts Act, 1984 Constitution, power and functions Administration of gender justice
Unit III
Law Relating to Legitimacy of children and Guardian ship- Legitimate and Illegitimate child- relevant laws under Hindu Law , Muslim Law and Special Marriage Act – Acknowledgement of paternity under Muslim law- Minority and Guardian Ship under Hindu Law- Different kinds of Guardian and their powers- Provision dealing with appointment of guardian by the court- Guardian ship under Muslim law- Custody and guardian ship- Guardian ship for different purposes- General provisions relating to Guardian and Wards Act.
Unit IV
Law relating to adoption- Meaning and concept of adoption under Hindu- Old Hindu Law and Hindu Adoption and Maintenance Act 1956- Essentials of Valid Adoption- Effects of adoption- Right of respective parties in an adoption- Formalities of adoption- Registration-Adoption under Juvenile Justice Care and Protection Act- Formalities – resource agencies- authorities .
Unit V
Law Relating to Maintenance –Meaning- Entitlement of maintence – Provisions under Hindu Adoption and Maintenance Act- Maintenance under Muslim Personal law- ShahBano Begum case - The Muslim Women ( Protection of Right on Divorce ) Act-1986- maintenance of illegitimate children- General provisions for maintenance under the Code of Criminal Procedure- Fixation of maintenance amount – Alteration of maintenance- Enforcement of maintenance order – maintenance for elders and senior citizens –relevant provision of maintenance and welfare under senior citizenship Act 2007.