FAMILY LAW – I, SEMESTER-II

Importance of the Course:

Family Law is the branch of law, which touches each and every individual of the society. It
governs an integral part of the life of the individual.

In India we have a strange spectacle of personal laws. They owe their diversity to their varied
origin, distinct principles and the bulk of substantive law itself. The personal laws play a vital role in
governing the conflicting interest of the individuals. In India in personal matters there is no national
or regional law. Personal law of a person is not determined by his domicile or his nationality but by
his membership of the community to which he belongs.

Study of Family Law is Unique. It is not like the rest of the civil laws. It lacks uniformity in
application. It covers an enormous area of domestic relations such as marriage, matrimonial remedies,
legitimacy of children, custody, guardianship, adoption, intestate and testamentary succession etc. so
because of compulsion the sheer bulk of Family Law in divided into two as family Law-I and Family
Law – II. Family Law-II deals with laws relating to Hindu Joint family, devolution of ancestral or
coparcenary property, succession to separate property of a Hindu and the Muslim law relating to gifts,
wills and inheritance.

The rules relating to marriage, matrimonial remedies, legitimacy of children, custody,

guardianship, adoption is of immense importance as it involves the sensitive relationship between
individuals in the society.

OBJECTIVES OF THE COURSE

In India persons belonging to different religious communities live together and each
community have their own personal law. Therefore the courts enforce different personal laws for
different individuals depending on the religion to which he belong.

The Hindus are governed by the Hindu Law. The Muslims are governed by Muslim Personal
law. The other religious communities have their own Personal Law. Personal law of one religious
community cannot be applied to persons belonging to another religious community.

The course is designed to analyze the presence of different personal laws for different
community to and to discuss in detail the personal laws of Hindus and Muslims.

PART A - HINDU LAW

Part –I Nature and Origin of Hindu Law

Module I- Introduction to FamilyLaw

 What is Family?
 Characteristics of Family
 Types of Family

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Module III- Sources of Hindu law
 Ancient
 Modern Sources
Module IV- Schools of Hindu Law
 Mithakshara School of Law
 Dayabhaga School of Law
 Joint Family and coparcenary.
Module V- Application of Hindu law
 Who are governed by Hindu law?
Part –II Marriage
Module VI- Concept of Hindu Marriage

 Evolution of the institution of Hindu Marriage

 Concept of Hindu Marriage
 Marriage as sacrament
 Marriage as contract
 Marriage as sacrosanct

Module VII- Forms of Marriage

 Eight forms of Marriage
 Approved Forms
 Unapproved Forms
 Marriage under the Hindu Marriage Act,1955
 Ceremonial Requirement

Module VIII – Capacity to marriage

 Mental Capacity
 Degrees of Prohibited Relationship
 Gotra and Sapinda Prohibitions
 Inter caste and Inter -sub caste marriages
 Registration of Marriage
Part-III Matrimonial Causes
Module IX- Nullity of Marriage
 Void Marriages
 Voidable Marriages
 Legitimacy of children of void and voidable marriages.

Module X-Restitution of Conjugal Rights

 Constitutional Validity
 Mode of execution

Module XI- Dissolution of Marriage

 Theories of Divorce.
 Grounds of Divorce
 Judicial separation and their grounds

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  Distinction between Divorce and Judicial separation.
Module XII- Minority and Guardianship under Hindu law

PART B - MUSLIM LAW

Part I- Origin and Development of Muslim Law

Module I- Origin and Schools

 Pre-Islamic Arabian Society
 Historical Development of Muslim Law
 Schools of Muslim Law
 Sunni School of Law
 Shia School of Law
Module II-Sources of Muslim Law
 Ancient Sources
 Modern Sources
Module III-Application of Muslim Law
 Who is Muslim?

Part –II Marriage

Module IV – Concept of Muslim Marriage (Nikah)

 Nature of Muslim Marriage

 Essentials of Valid Marriage
 Formalities in Muslim Marriage.
 Impediments to Muslim Marriage
 Kinds of Marriage
Module V-Mahr (Dower)
 Concept of Dower
 Kinds of Dower
 Unspecified Dower
 Specified Dower
 Remission of Dower
 Enforcement of Right to Dower

Part III- Dissolution of Marriage

Module VI –Divorce under Muslim Law(Talaq)

 Modes of dissolution of marriage

 Divorce under Dissolution of Muslim Marriage Act, 1939
Part IV-Guardianship
 Classification of Guardians
 Powers and Functions of Guardians

References
 A. Fyzee, Outlines of Mohammedan Law

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  Family Law in India: G.C.V SubbaRao
 Hindu Law, Dr. Sharma
 J D M Derret, A Critique of Modern Hindu Law
 Kumud Desai’s Indian Law of Marriage and Divorce
 Mayne’s Hindu Law
 Modern Hindu Law Dr. Kesari
 Modern Hindu Law, ParasDiwan
 Principle of Hindu Law by Mulla
 Principles of Mohammedan Law

Articles
 “Age of the parties to Mary : Some unsolved issues”by Dr. Rakesh Kumar Singh (August)
AIR 2006 Page 120
 “Alimony under Hindu Marriage Act : An Overview”by Dr. Rakesh Kumar Singh (March)
AIR 2006 Page 41
 “Codification of Hindu Law: Myth and Reality” by MadhuKishwar. Economic and Political
Weekly, Vol. 29, No. 33 (Aug. 13, 1994), pp. 2145-2161
 “Cruelty – A Ground of Divorce”by Dr. AnjuTyagi (October) AIR 2006 Page 153
 “Family Court Amicus Curiae”by S.A. Karin (October) AIR 2006 Page 159
 “Family law and Religion: An Indian Experience” by Anil Malhotra and RanjithMalotraIndia
and International Law: Introduction, edited by Bimal N. Patel. Volume II 487-513
 “Gender Justice – The Constitutional Perspectives and the Judicial Approach”by Miss Sheetal
Mishra (April) AIR 2006 Page 53
 “Revamping of Adoption Laws : A Critique of the Hindu Adoptions and Maintenance Act,
1956”by VanshaiaShukla (July) AIR 2006 Page 108