Family Law - I
Swami Ramanand Teerth Marathwada University · LL.B. Semester 1
Unit 1 — Marriage and Kinship [12 units]
1. Evolution of institution of marriages and family · 2. Role of religion, rituals, and practices in molding the rules regulating marital relations · 3. Types of family-based upon Lineage patrilineal Matrilineal, Authority structure - patriarchal and matriarchal: Location- patrilocal and matrilocal and Number of conjugal units nuclear, extended, joint, and composite. · 4. Applicability of Law: who is Hindu - Who is a Muslim - Who is a Christian? · 5. Sources of Hindu Law, Muslim Law, and Christian Law. · 6. Essentials of a valid marriage under Muslim Law, Hindu Law & Special Marriage Act
- 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
- Sources of Muslim Law Shariat Application Act, 1937 Sources of Mohammedan Law
- Concept of Marriages and Mehr under Muslim Law
- Hindu Marriage Act 1955
- Special Marriage Act, 1954
- The Indian Christian Marriage Act, 1872
Unit 2 — Customary Practices and State Regulation [8 units]
1. Polygamy · 2. Concubinage · 3. Child marriage · 4. Sati · 5. Dowry · 6. State intervention through various legal measures.
Unit 3 — Conversion and its effect on Family [8 units]
1. Marriage · 2. Adoption · 3. Guardianship · 4. Succession.
Unit 4 — Matrimonial Remedies [20 units]
1. Non - judicial resolution of marital conflict problems (a) Customary dissolution of marriage - unilateral divorce, divorce by mutual consent and other modes of dissolution. b) Divorce under Muslim personal Law. Talaq and Talq-e-Tafweez · 2. Judicial resolution of marital conflict problems : a general perspective of matrimonial fault theory and the principle of irretrievable breakdown of marriage · 3. Nullity of marriage · 4. Option of Puberty · 5. Restitution of conjugal rights · 6. Judicial separation · 7. Desertion · 8. Cruelty · 9. Adultery · 10. Other grounds for matrimonial relief · 11. Divorce by mutual consent under: Special Marriage Act. 1954: Hindu Marriage Act.1955: Muslim Law (Khula and Mubaraat) · 12. Bars to matrimonial relief: Doctrine of Strict proof, taking advantage of one's own wrong or disability, Accessory, Connivance, Collusion, Condonation, Improper or unnecessary delay, Residuary clause - no other legal ground exists for refusing the matrimonial relief.
Unit 5 — Alimony and Maintenance [10 units]
1. Maintenance of neglected wives, minor children, disabled children, and parents who are unable to support themselves under the code of Criminal Procedure, 1973 · 2. Alimony and maintenance as an independent remedy: a view under different personal laws. · 3. Alimony and maintenance as an ancillary relief alimony pendente lite and permanent maintenance · 4. Maintenance of divorced Muslim women under the Muslim Women (Protection of Rights on Divorce Act, 1986: a Critical Review).
Unit 6 — Child and Law [8 units]
1. Legitimacy of child: Status, rights, and issues involved; · 2. Rules and procedure for adoption of children · 3. Law relating to minority & guardianship
- Paternity Legitimacy, Parentage and Acknowledgment Parentage
- Guardianship Custody (Wali) & Hijnat Definition of Guardian Classification of Guardianship Power of Guardian Disqualification of Guardian
- Hindu Adoptions and Maintenance Act, 1956
- Adoption by members of other religion with special reference to CARA Rules
- The Hindu Minority and Guardianship Act, 1956
- Custody, maintenance and education
- Guardianship and parental rights — welfare of the child principle
Unit 7 — Establishment of Family Courts [6 units]
Unit 8 — Securing of a Uniform Civil Code [8 units]
1. Religious pluralism and its implications · 2. Connotations of the directive contained in Article 44 of the Constitution · 3. Impediments to the formulation of the Uniform Civil Code.
Unit 9 — Family and its Changing Pattern [4 units]
1. New emerging trends: Attenuation of family ties, working women and their impact on Spousal relationships, Composition of family, status and role of Women, and decision-making authority structure. · 2. Factors affecting the family: Demographic, environmental, religious, and legislative. · 3. Processes of social change in India: Sanskritization, westernization, secularization, universalization, parochialization, and modernization including industrialization and urbanization.