Family Laws-I
Maharashtra National Law University, Aurangabad · LL.B. Semester 4
Unit I — Nature, Scope, Application and Multiplicity of Family Law in India
Application of law governing domestic relationship: multiplicity of laws, Religion & law governing domestic relationship: Sources, Religion & law governing domestic relationship: Interface & constitutional perspective, Multiplicity of laws & consequences of conversion, Hindu Law, Muslim Law, Christian & Parsi law, Secular personal law: Special Marriage Act, 1954.
Unit II — Marriage: Concept & Notion Under Various Personal Laws
Concept of Marriage, Concept and relevance of Solemnisation under Indian marriage laws, Marriage as a Sacrament, Marriage as a Contract, Marriage as a Civil Relationship .
Unit III — Marriage: Conditions for Legal Marriage and Modes of Solemnisation of
Marriage Under Various Personal Laws Conditions, Formalities and prohibitions under Hindu Law, Conditions, Formalities and prohibitions under Muslim Law, Conditions, Formalities and prohibitions under Christian & Parsi law, Conditions, Formalities and prohibitions under the Special Marriage Act, 1954 and the Foreign Marriage Act, Consequences for breach of conditions prescribed for a legal marriage, Modes of Solemnisation of marriage under various personal laws: a legal perspective and consequences of non-solemnisation.
Unit IV — Relationships in the Nature of Marriage & Other Issues Surrounding
Institution of Marriage: Relationships in the nature of marriage: Live-in relationship: law & practice, long cohabitation & presumption of marriage, Legal status of child born of live-in relationship, · Compulsory Registration of Marriage, Decision of Matrimonial Home, Prohibition of child marriage: law, practice & response of personal laws, Same Sex Marriage.
Unit V — Matrimonial Causes and Remedies
Consequences of invalid marriage: Decree of nullity-void & voidable marriage, Consequences of abstinence from cohabitation: Remedy of restitution of conjugal right, Separation of husband & wife: causes, remedies and procedure, Separation Agreement Judicial Separation, Dissolution of relationship of marriage: Divorce-causes, remedies & procedure:, Notion of divorce: permanent dissolution of marriage, Traditional notion of Divorce-Fault grounds: perspective of various laws, Contemporary notion of divorce-new dimensions, Divorce by mutual consent, Irretrievable breakdown of marriage, Incompatibility of parties to the marriage, Bar to matrimonial remedies.
Unit VI — Maintenance & Permanent Alimony
Essentials of maintenance claim, Maintenance under Personal law, Maintenance under general & secular law: Section 125 of Code of Criminal Procedure, New dimensions of maintenance claim, Maintenance claim to live-in partner, Maintenance claim under the Maintenance of Parents & Senior Citizens Act, 2007, Maintenance claim under the Protection of Women from Domestic Violence Act, 2005.
Unit VII — Adjudication of Family Disputes: Litigation, Procedure and Dispute
Redresser Mechanism Jurisdiction, Procedure and Adjudication & nature of family disputes, Judicial approach to family dispute, Establishment of Family Courts under Family Courts Act, 1984