Family Law - II
SNDT Women's University · LL.B. Semester 4 · 4002
Unit I — Module I (1 credit): Marriage and Kinship
Introduction and sources of family law; types of family; schools of Hindu law (Mitakshara, Dayabhaga, Banaras, Mithila, Dravida, Maharashtra) · Customary practices and State regulation: concubinage, live-in relationship, child marriage, sati, dowry · Joint family in Mitakshara and Dayabhaga: karta, partition, alienation, separate and coparcenary property · Processes of social change: sanskritization, westernization, secularization, modernization, industrialization, urbanization · Family courts: constitution, powers and functions; administration of gender justice
- Evolution of the institution of marriage and family
- Role of religious rituals and practices in molding the rules regulating to marital relations
- Types of family based upon Lineage — patrilineal, matrilineal
- 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
- Partition and re-union
- Dowry Prohibition Act, 1961
- Prohibition of Child Marriage Act, 2006
- Meaning, Characteristics, factors or causes of social change, processes of social change (Westernization, Modernization, Industrialization, Sanskritisation, Liberalization, Globalization)
- Establishment of family Courts — Family Courts Act, 1984 Constitution, power and functions Administration of gender justice
Unit II — Module II (3 credits): Uniform Civil Code and Hindu Statutes
Uniform Civil Code: religious pluralism, Art. 44, impediments, optional UCC · Hindu Marriage Act, 1955 · Hindu Succession Act, 1956 · Hindu Minority and Guardianship Act, 1956 · Hindu Adoptions and Maintenance Act, 1956 · Maintenance and Welfare of Parents and Senior Citizens Act, 2007 · Family Courts Act, 1984 · Prohibition of Child Marriage Act, 2006
- Uniform Civil Code
- Religious pluralism and its implications
- Connotations of the directive contained in Article 44 of the Constitution
- Impediments to the formulation of the Uniform Civil Code
- The idea of Optional Uniform Civil Code
- Hindu Marriage Act 1955
- Historical perspective of traditional Hindu law as a background to the study of 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
- The Hindu Minority and Guardianship Act, 1956
- Hindu Adoptions and Maintenance Act, 1956
- The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Establishment of family Courts — Family Courts Act, 1984 Constitution, power and functions Administration of gender justice
- Prohibition of Child Marriage Act, 2006