DAMODARAM

SANJIVAYYA NATIONAL
LAW
UNIVERSITY
SABBAVARAM
VISHAKAPATNAM,AP., INDIA

FAMILY DISORGANIZATION

SOCIOLOGY

PROF. LAKSHMIPATHI RAJU GARU

RAMPU.PRANATHI
19LLB034
FIRST SEMISTER

ACKNOWLEDGEMENT
I would like to put forward my heartfelt appreciation to our respected sociology professor,
prof. LAKSHMIPATHI RAJU GARU for giving me this golden opportunity to take up this
project regarding “FAMILY DISORGANIZATION”. I have tried my best to collect the
information about the project in various possible ways to depict the clear picture about the
given project topic.
CONTENTS

INTRODUCTION………………………………………………………….

DEFNITION OF FAMILY ………………………………………………..

ROLE OF WOMEN IN FAMILY………………………………………..

MEANING OF FAMILY DISORGANIZATION………………………

TYPES OF FAMILES……………………………………………………

NUCLEAR FAMILY…………………………………………………..

EXTENDED OR JOINT FAMILY……………………………………

SIMPLE PARENT FAMILY……………………………………………

RECONSTITUTED FAMILY……………………………………….

CHILDLESS FAMILY……………………………………………….

IMPORTANCE OF FAMILY IN SOCIETY…………………………..

FUNCTIONS OF A FAMILY……………………………………………

CAUSES OF FAMILY DISORGANIZATION…………………………..

MAIN CAUSES OF FAMILY DISORGANIZATION…………………….

LEGISLATURE RELATED TO FAMILY DISORGANIZATION ……….

HINDHU MARRIAGE ACT, 1955…………………………………………

HINDHU SUCCESSION ACT,1956………………………………………….

BIBILIOGRAPHY……………………………………………………………

INTRODUCTION
Family is a basic institution in socia1 system husband, wife and their kids included in
a family. Family is central institution in society. Familiar relationship is the base of
 every family. Family always shows the social changes, family extension and family
disorganization. Family disorganization is the last stage in family institution.

Family is a first school in life of man where mother and father are first teachers.
Family is the main source of socialization and social control. Family gives the place
to many social problems. Divorce, family disorganization is a separation between
husband and wife. Family disorganization is dangerous to all who connected to the
particular family. It also hamper on family, community and society progress

Family disorganization is a breakdown of a family system. It may be associated with

parental overburdening or loss of significant others who served as a role models for
children or support systems for family members. family disorganization can
contribute the loss of social controls that families usually pose on their members.

Meaning of family disorganization – when misunderstandings and incompatabilities

are growing up among family members /relationships which lead to disruption,
disturbance and anxiety which cause family disorganization.such failures are just
because of functional and role failure.

The main features of this theory are crimes and law breaking of society. According
t0 this theory mutual relationship supports positive behaviour and produces sense of
social responsibility but when any fault exist among mutual relationship then the
sense of social responsibility and organization lost which can lead to negative and
even criminal behaviour. This theory began its focus on urban difficulty. The team of
sociologist at Chicago law school gave the key assumptions about this theory and
these assumptions indicate that the crime and delinquency caused by social issues.

WEBSITES

www.freedictionary.com

www.ukessys.com

DEFINITION OF FAMILY
According to sociologists the family is an intimate domestic group of people related to one
another by bonds of sexual mating ,blood or legal ties. It has been a resilient social until that
has survived and adapted through time. So, the element of time referred to above, is again
present here.

The family acts as primary socialization of the children where by the children first learns
the basic values and norms of the culture they will grow up in .a child needs to be carefully
nurtured ,cherished and molded into responsible individuals with good values and ethics.
Therefore, it is important to provide them the best childcare so that they grow up to be
physically ,mentally and emotionally strong individuals.

GEORGE PETER MUDROCK - the family as a universal institution . according to him,

the family is a social group charecterised by common residence, economic corporation and
reproduction. It includes adults of both sexes atleast to whom maintain a socially approved
sexual relationship and one or more children adopted of sexually cohabiting adults .

ROLE OF WOMEN IN FAMILY.

The main role of women in family is particularly to act as mothers and as such their
places are at home to take care of their children in their tender age .he states that juvenile
deliquencies among young children are the result of psychological separation from mothers .
the mental stability of children rests solely on their mothers . therefore there is a need for a
close and intimate mother and child relationship.

The benefits gained by the wives and mothers as the mid -century social compromise.
Women who defines themselves as a primarily mothers are located at all points of the social
spectrum.

Plans and projects are designed and implemented by men . it is assumed that if men as
heads of the family will reap the benefit from projects designed, automatically women and
children will benefit.
MEANING OF FAMILY DISORGANIZATION

Darker side of the family the fact that women spend most of the time either at work or
doing household chores can lead to emotional stress in the family. The twentieth century
family is mostly nucleus and thus children at times feel isolated and lacking the support of
their extended kins:grandparents, aunts,cousins etc.,they become intervent and their stress
level rise to an extent that when explosion occurs , it can have dramatic results . this may lead
to psychological damage,mental illness drugintake , crime etc.

It is the breakdown of family system. It may be associated with parental overburdening

or loss of significant others who served as rolemodels for children or support systems for
family members. Family disorganization can contribute to the loss of social controls that
family usually impose on their members

FOR EXAMPLE: LACK OF UNDERSTANDING

Because sometimes if they don’t have much time with your family member you often
understand them like the childrens today, most of them are not close to their parents they
don’t have bonding and time to have a serious talk.this could lead to family crisis.
TYPES OF FAMILIES

Families have several different types. The five main types of families are as follows:

NUCLEAR FAMILY:

The nuclear family is the most basic type of the family potrayed by media as a
happy family living in a total harmony. This is the family that god first envisioned. It consists
of two parent living with “one or more children in the same house”. Nuclear families are not
only basic. A nuclear family is seen as an ideal family many advertisers use nuclear families
to symbolise many things in the media.

EXTENDED OR JOINT FAMILIY

These may be seen as a contrast to nuclear families and are seen as pretty basic
well.an extended family is several generations of the same family living in the same
household or in near vicinity or neighbourhood. Extended families may include aunts, uncles,
grandparents,parents etc. extended families are seen a little more knit than other types of
families. This may be because of their wants to be near each other or live under the same
roof. Some may see this as signs of showing care, love and compassion for their family
members. Extended families are common in “countries like Mexico,India and Africa”.

SINGLE PARENT FAMILY

Single parent families have the same definition as their name, one parent living
with one or more children. They must basically bringing up their children themselves,
considering they have no spouse. Many factors can provoke the creation of single parent
families, including a death of a spouse, divorce between the two spouses, etc. it is said that
children living with one parent may be a little bit off balances as opposed to children living
with both parents. No father for a son or mother for a daughter may have side effects on the
children ‘s behaviour and possibly health. The single mother or father will be forced to work
long hours to provide, causing them to miss out on quality time with children.

RECONSTITUTED FAMILY
 A reconstituted family is when two previously married spouses begin a relationship
and get married. However, it can only be referred to as reconstituted if the spouses had in
their previous martial relations. The spouses spouse then becomes the spouse’s step
children . for example , if bob married jane ; janes children would be bobs step children and
he their step father . Incontrast bob’ s children would be jane’s step children and their step
mother.

CHILDLESS FAMILY

Childless families are little different than the other four families. Nuclear, extended,
reconstituted and single parent families all had to involve children to be named what they are.
However, a childless family is just what it is called, a family with no child. These two parents
living without a child. They may not be able to have children or choose not to. Childless
families tend to have a better financial situations than families who have children .most
female atheletes tend to not have children or choose not to. Childless families tend to have
children because of their career and travelling business man or women decide that they won’t
want their hands to be caught up with children. Whatever be the case, the couple doesnot
have any children. Some childless couples who may have wanted families may have replaced
their children with a pet, “to replace childrens childless families have pets instead”.

IMPORTANCE OF FAMILY IN SOCIETY

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Family is the single most influential in child’s life. From their first moment of life ,children
depend on parents and protect them and provide for their needs. Parents and family form a
child’s first relationships. They are a child’s first teachers and act as rolemodels in how to act
and experience the world around them. By nurturing and teaching children during their early
years, families play an important role in making sure children are ready to learn when they
enter school. Children thrive when they are able to actively promote the positive growth a
development every parent knows that its sometimes difficult to do this important work
without help support and additional resources

Life has changed so much for most of us. With the advancement of technology , changing
cultural norms, new priorities, and new forms of communication fuelled by the internet, it’s
natural to wonder what the importance of family is . Is it a dying institution that has no place
in modern life ?certainly not! The family is just as relevant as it is ever was, and no matter
how much life changes in future, it will probably continued to be neededin one form or the
other.

As modern life puts the pressure squeeze on all of us. The benefits of living in a family
are more important than ever. The challenges we encounter these days becomes easier to
handle when we don’t have to face them alone. The benefits of living in a healthy family are
too numerous to mention, but here are a few advantages on having a family and living as a
family.awell functioning family provides a financial security for every one living in
household. First, family members who can work contribute atleast a part of their earnings to
help the family meet everyones needs and prosper. Second, the family combines resources to
pay bills and manage their money to ensure that financial necessities that are always taken
care of. Finally the parents teach the children how to manage money and resources, so they
can continue to thrive when they move out on their own.

Children enjoy healthy life style when they live in a family. They have health meals,
are encouraged to get up and move, enjoy time outdoors, and get prompt medical attention
when needed. Researches have shown that the people who live with children in their family
tend to live longer even after the children have grown up and moved away.

FUNCTIONS OF A FAMILY
Any combination of two or more persons who are bound together over time and ties of
mutual consent, birthand or/ adoption or replacement and who together, assume
responsibilities for variant combination of some of the following;

 physical maintainance and care of group members

 addition of new members through procreation or adoption
 socialization of children
 social control of members
 production, consumption, distribution of goods and services
 2
affective nurturance – love

 regulations of sex behaviourof members and reproduction

 cooperation and division of labour
 primary group satisfactions
 race perpetuation
 economic functions
 stable satisfaction of sex needs
 production and rearing of children
 provision of a home
 religious functions
 health related functions
 educational functions

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CAUSES OF FAMILY DISORGANIZATION

Unpleasent functioning within the family may be termed as family disorganization. It may
include tension between relationships i.e. tension between child and parents, husband and
wife etc. Disagreements and conflicts cause tension and quarrels between husband and wife.
Yet, the conflicts between parents and children don’t cause severe threatening situation as
compared to the case of husband and wife which cause disturbance, conflicts and even
unfortunate family break-ups. As a result, the family disorganizes because, these marital
relationships are the central bonds for the family to survive in any society.

When this bond breaks, family is automatically broken. Family disorganization may include
divorce, separation and physical violence etc. After marriage, the failure of high expectations
among couples, creates problems and even ends up in separations and divorces. In modern
age, tension and conflicts are cropping up among the families just because of incompatibility
between partners and other family members.

Family disorganization refers to social disorganization. There are many factors which cause
social disorganization but family disorganization is the most common factor among the
youth. Socially disorganized people tend to get involved in crimes more rapidly. Chicago
school proposed the social disorganization theory.

According to this theory mutual relationship supports positive behaviour and produces sense
of social responsibility but when any fault exist among mutual relationship then the sense of
social responsibility and organization is lost which can lead to many future problems in the
society.

when a family loses a significant member like a spouse, the family can also become
disorganized. The loss of a family member creates a vacuum in the support structure of the
family. That loss creates disorganization because other family members now must take up the
burden of the missing person. When a mother dies, the father then has to take over the
responsibilities the mother took on. In a typical nuclear family this includes spending a
greater amount of time with the children, time the father may not have due to his work
schedule.

Family disorganization can also be caused by violent or abusive habits: physical abuse,
sexual abuse and emotional abuse. These abusive behaviors break down the family's ability to
remain organized and function as a whole.
MAIN CAUSES OF FAMILY DIORGANIZATION

1. DIVORCE
2. SEXUAL ASSAULT
3. DOMESTIC VIOLENCE
4. PROPERTY DISPUTE
5. OTHER CAUSES (EXTRA MARTIAL AFFAIRS, BRAIN DRAIN, CONCEPTS OF
NUCLEAR FAMILY, LACK OF PARENTAL CARE)

DIVORCE

Divorce is the socially and legally recognised dissolution of marriage. Like marriage, it is
governed by a variety of cultural and legal regulations that show how difficult it is to
accomplish and the social and personal consequences it produces. Sometimes, the dissolution
is by stages, for example, in a sequence of avoidance, suit for separate maintenance, legal
separation and finally an absolute divorce.

A couple with high expectations of marital bliss but relatively little marital disorganisation
may seek divorce as an exit from marriage. The demographic approach stresses the changing
prevalence of divorce in various countries. In a finding by M. Le Balance in 1997, it was
found that youths were more violent than thirty years ago and one reason for that was the
breaking down of the family unit.

SEXUAL ASSAULT

Disclosure of sexual abuse can be the beginning of a whole second set of problems for
survivors, when family members respond in ways that add new pain to old wounds. Healing
from past abuse is made more difficult when one is emotionally injured again in the present,
repeatedly, and with no guarantee that things will improve. Adding to this pain, family
members’ responses often mirror aspects of the abuse itself, leading survivors to feel
overpowered, silenced, blamed and shamed. And they may carry this pain alone, unaware
that their situation is tragically common.
DOMESTICVIOLENCE

Domestic violence often occurs when the abuser believes that abuse is an entitlement,
acceptable, justified, or unlikely to be reported. It may produce an intergenerational cycle of
abuse in children and other family members, who may feel that such violence is acceptable or
condoned. Many people do not recognize themselves as abusers or victims because they may
consider their experiences as family conflicts that got out of control. Awareness, perception,
definition and documentation of domestic violence differs widely from country to country.
Domestic violence often happens in the context of forced or child marriage.

In abusive relationships, there may be a cycle of abuse during which tensions rise and an act
of violence is committed, followed by a period of reconciliation and calm. Victims of
domestic violence may be trapped in domestic violent situations through isolation, power and
control, traumatic bonding to the abuser, cultural acceptance, lack of financial resources, fear,
shame, or to protect children. As a result of abuse, victims may experience physical
disabilities, disregulated aggression, chronic health problems, mental illness, limited finances,
and poor ability to create healthy relationships. Victims may experience severe psychological
disorders, such as post-traumatic stress disorder. Children who live in a household with
violence often show psychological problems from an early age, such as avoidance, hyper
vigilance to threats, and disregulated aggression which may contribute to vicarious
traumatization.

PROPERTY DISPUTE

Equitable distribution. In the remaining states, assets and earnings accumulated during
marriage are divided equitably (fairly), but not necessarily equally. In some of those states,
the judge may order one party to use separate property to make the settlement fair to both
spouses.

What sometimes makes this confusing is that division of property does not necessarily mean
a physical division. A court may award each spouse a percentage of the total value of the
property. In that event, each spouse will get personal property, assets, and debts whose worth
adds up to an assigned percentage. Note that it's illegal for either spouse to hide assets in
order to shield them from property division, and if you do this, a court could punish you with
sanctions and in some states, by awarding a percentage of the value of the hidden asset to
your spouse. In California, if you intentionally and fraudulently hide an asset from your
spouse during the divorce, a court could award 100% of that asset to your spouse as a
punishment

OTHER CAUSES

The disintegration of the family has always preceded the decline of a culture. America and
American families are in trouble. In the history of our nation, there has not been a single
generation raised with the societal conditions that we have. Our nation is faced with a severe
problem. Our social fabric seems to be coming apart at the seams. Each day we are
confronted by reports of violence, teen suicides, drug abuse, spousal abuse, and child abuse.
Family life is breaking down in America. The cultural acceptance of the family breakdown is
undermining the foundations of strong communities and civil society. With a clear link
established between the breakdown of the family and the major problems plaguing our
society, the ramifications for society with a continuing demise of the family are considerable.
Common practices such as out of wedlock births, abortion, and divorce are weakening the
family and therefore, the community and the nation3

LEGISLATURES RELATED TO FAMILY DISORGANIZATION

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HINDHU MARRIAGE ACT,1955

The Hindu Marriage Act, 1955 was intended to secure the rights of marriage for the bride and
groom who are Hindu and are bound under the sacred bond of marriage under any ceremony.
The law does not define the kind of ceremony since there are several ways a man and a
woman may carry out this religious act. This act was floated after several cases were seen
where both man and woman were petrified or humiliated under a fraud case in the name of
marriage. This act is binding to any person who is Hindu, Jain, Sikh and Buddhists and is not
a Muslim, Christian, Parsi or Jew and is governed by some other law. This law is binding to
any person who is Hindu by Birth or Hindu by Religion. There is a complete definition of
Hindu under Section 2 of Hindu Marriage Act.

Divorce.

(1) Any marriage solemnised, whether before or after the commencement of this Act, may,
on a petition presented by either the husband or the wife, be dissolved by a decree of divorce
on the ground that the other party

16 (i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse; or

16 (ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion; or

17(iii) has been incurably of unsound mind, or has been suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that the petitioner
cannot reasonably be expected to live with the respondent.

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from venereal disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons
who would naturally have heard of it, had that party been alive; Explanation. In this sub-
section, the expression desertion means the desertion of the petitioner by the other party to
the marriage without reasonable cause and without the consent or against the wish of such
party, and includes the wilful neglect of the petitioner by the other party to the marriage, and
its grammatical variations and cognate expressions shall be construed accordingly.

22 (1A) Either party to a marriage, whether solemnised before or after the commencement of
this Act, may also present a petition for the dissolution of the marriage by a decree of divorce
on the ground

(i) that there has been no resumption of cohabitation as between the parties to the marriage
for a period of 22 or upwards after the passing of a decree for judicial separation in a
proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage
for a period of 22 or upwards after the passing of a decree for restitution of conjugal rights in
a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of
divorce on the ground,

(i) in the case of any marriage solemnised before the commencement of this Act, that the
husband had married again before such commencement or that any other wife of the husband
married before such commencement was alive at the time of the solemnisation of the
marriage of the petitioner: Provided that in either case the other wife is alive at the time of the
presentation of the petition; or

(ii) that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy
or 23.

(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of
1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of
1974) [or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of
1898)], a decree or order, as the case may be, has been passed against the husband awarding
maintenance to the wife notwithstanding that she was living apart and that since the passing
of such decree or order, cohabitation between the parties has not been resumed for one year
or upwards; or
25 (iv) that her marriage (whether consummated or not) was solemnised before she attained
the age of fifteen years and she has repudiated the marriage after attaining that age but before
attaining the age of eighteen years.

Explanation. This clause applies whether the marriage was solemnised before or after the
commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976) State
Amendment Uttar Pradesh: In its application to Hindus domiciled in Uttar Pradesh and also
when either party to the marriage was not at the time of marriage a Hindu domiciled in Uttar
Pradesh, in section 13

(i) in sub-section (1), after clause (i) insert (and shall be deemed always to have been
inserted) the following clause, namely: has persistently or repeatedly treated the petitioner
with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it
will be harmful or injurious for the petitioner to live with the other party; or, and (viii) has not
resumed cohabitation after the passing of a decree for judicial separation against that party
and

(a) a period of two years has elapsed since the passing of such decree, or

(b) the case is one of exceptional hardship to the petitioner or of exceptional depravity on the
part of other party; or

(ii) for clause (viii) (since repealed in the principal Act) substitute (and shall be deemed to
have been substituted) following clause, name

(i) Cruelty which is a ground for dissolution of marriage may be defined as wilful and
unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or
mental, or as to give rise to a reasonable apprehension of such a danger. The question of
mental cruelty has to be considered in the light of the norms of marital ties of the particular
society, to which the parties belong, their social values, status, environment in which they
live. Cruelty need not be physical. If from the conduct of the spouse it is established or an
inference can be legitimately drawn that the treatment of the spouse is such that it causes
apprehension in the mind of the other spouse, about his or her mental welfare then this
conduct amounts to cruelty; Maya Devi v. Jagdish Prasad, AIR 2007 SC 1426.

(ii) Making false allegations against husband of having illicit relationship and extramarital
affairs by wife in her written statement constitute mental cruelty of such nature that husband
cannot be reasonably asked to live with wife. Husband is entitled to decree of
divorce;Sadhana Srivastava v. Arvind Kumar Srivastava, AIR 2006 All 7.

(iii) The expression Cruelty as envisaged under section 13 of the Act clearly admits in its
ambit and scope such acts which may even cause mental agony to aggrieved party. Intention
to be cruel is not an essential element of cruelty as envisaged under section 13 (1) (ia) of the
Act. It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to
live together;NeeluKohli v. Naveen Kohli, AIR 2004 All 1.

(iv) The levelling of false allegation by one spouse about the other having alleged illicit
relations with different persons outside wedlock amounted to mental cruelty; Jai Dayal v.
Shakuntala Devi, AIR 2004 Del 39.

(v) Mental disorder for relief under section 13 (1) (iii) should be of such a degree that it is
impossible to lead normal marital life or it is unreasonable to expect a person to put up with a
spouse with such condition; B.N. PandurangaShet v. S.N. Vijayalaxmi, AIR 2003 Karn
357

(vi) Due to the criminal complaint filed by the wife, the husband remained in jail for 63 days
and also his father and brother for 20 to 25 days. Therefore, even though the case of cruelty
may not have been proved but as the facts emerging from the record clearly indicate that the
living of the two as husband and wife would not only be difficult but impossible, the court
has no alternative but to grant a decree of divorce; Poonam Gupta v. Ghanshyam Gupta,
AIR 2003 All 51.

(vii) Unless the entire genesis of the quarrels in the course of which, one of the spouses holds
out a threat to take his or her life is placed before the court, the very fact that some threat in
the course of a quarrel is held out, cannot be viewed in isolation or construed as mental
cruelty to the other spouse; Nalini Sunder v. G.V. Sundar, AIR 2003 Kar 86.

(viii) A husband cannot ask his wife that he does not like her company, but she can or should
stay with other members of the family in matrimonial home. Such an attitude is cruelty in
itself on the part of the husband; Yudhishter Singh v. Sarita, AIR 2002 Raj 382.

(ix) Removal of mangalsutra by wife at the instance of her husband does not amount to
mental cruelty;S. Hanumantha Rao v. S. Ramani, AIR 1999 SC 1318.
(x) A threat to commit suicide by the wife amounts to infliction of mental cruelty on the
husband but it should not be uttered in a domestic tiff; Pushpa Rani v. Vijay Pal Singh,
AIR1994 All 220.

(xi) Solitary instance of cruelty would not constitute cruelty so as to grant a decree for
divorce rather the behaviour of the other party has to be persistently and repeatedly treating
the other spouse with such cruelty so as to cause a reasonable apprehension in the mind of the
husband/wife that it will be harmful or injurious for him or her to live with the other party.
The expression persistently means continue firmly or obstinately and the expression
repeatedly means to say or do over again.

(a) the expression mental disorder means mental illness, arrested or incomplete development
of mind, psychopathic disorder or any other disorder or disability of mind and includes
schizophrenia;

(b) the expression psychopathic disorder means a persistent disorder or disability of mind
(whether or not including sub-normality of intelligence) which results in abnormally
aggressive or seriously irresponsible conduct on the part of the other party, and whether or
not it requires or is susceptible to medical treatment; or

HINDHU SUCCESSION ACT, 1956

The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and
codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains,
and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and
succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any
property possessed by a Hindu female is to be held by her absolute property and she is given
full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended
in 2005 by the Hindu Succession (Amendment) Act, 2005.

As per religion

This Act is applicable to the following:

Any person who is a Hindu by religion in any of its forms or developments including a
Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;

any person who is Buddhist, Sikh by religion; and

to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is
proved that the concerned person would not have been governed by the Hindu Law or by any
custom or usage as part of that law in respect of any of the matters dealt with herein if this
Act had not been passed.

Explanation as to who shall be considered as Hindus, Buddhists, Jains or Sikhs by religion

has been provided in the section:

Any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or
Sikhs by religion;

Any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain or
Sikh by religion and who is brought up as a member of the tribe, community, group or family
to which such parent belongs or belonged;

Any person who is convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.

A person shall be treated as a Hindu under the Act though he may not be a Hindu by religion
but is, nevertheless, a person to whom this Act applies by virtue of the provisions contained
in this section.

As per tribe

However it has been provided that not withstanding the religion of any person as mentioned
above, the Act shall not apply to the members of any Scheduled Tribe within the meaning of
clause (25) of article 366 of the Constitution of India unless the Central Government, by
notification in the Official Gazette, otherwise directs. Surajmani Stella KujurVs.
DurgaCharanHansdah-SC4

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ADULTERY

Section 497 of the Indian Penal Code was dealing with adultery. As per the Indian law, a
woman cannot be punished for the offence of adultery. Only a man who has consensual
sexual intercourse with the wife of another man without his consent can be punished under
this offense in India. If someone "lives in adultery", the partner can file for divorce. The law
became defunct on 27 Sep 2018 by Supreme Court of India. The Supreme Court called the
law unconstitutional because it "treats a husband as the master."

Section 497 read as follows:

“ Adultery.—Whoever has sexual intercourse with a person who is and whom he knows
or has reason to believe to be the wife of another man, without the consent or connivance of
that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offense
of adultery, and shall be punished with imprisonment of either description for a term which
may extend to five years, or with fine, or with both. In such case the wife shall not be
punishable as an abettor. ”

— Section 497 of IPC

A plain reading of the section gives rise to various conclusions:

One, that the married woman is not going to be regarded as an 'abettor' of the offence, which
means that the woman will not be held liable for the act of adultery- only the man involved in
the act will be held criminally liable under the section.

Second, the law does not apply in the case where an unmarried woman has intercourse with a
married man.

Finally, the act is not regarded to be an offence or can be 'cured' of its criminality if the
husband of the marriedwoman consents to her having intercourse with another man.

In addition to this, Section 198 of the Code of Criminal Procedure gives only the husband the
right to file a case against the man involved in the act of adultery. Thus, this section merely
reinforces the archaic thinking and sexual stereotype that a woman 'belongs' toa man
andcannot have her own thoughts or opinions; this, even if she had voluntarily consented to
the act of intercourse.

CASES RELATED TO FAMILY DISORGANIZATION

SUJAMANI STELLAKUJUR V. DURGA CHARAN HARSHDAH- SC

PUSHPA RANI V. VIJAY PAL SINGH, AIR 1994

S HANUMANTH RAO V. S. RAMANI, AIR 1999-SC

YUDHISTER SINGH V. SARITHA ,AIR 2002 RAJ 382

POONAM GUPTA V. GASHYAM GUPTA,AIR 2003

NEELU KOHLI V. NAVEEN KOHLI, AIR 2004

CONCLUSION

I hereby conclude that the above project family disorganization is a great way to understand
the way of family in present society and decline of family in presentscenario which will lead
to the dangerous thing i.e., disorganization of family.

Family is the most important institution. It is the basis of human race. A well- organized
family is considered as the foundation of future society. And the children brought up in the
families are less likely to commit crimes. There are lot of advantages on families based on
economic basis, and socialization can be done in the families.

But now a days this institution is becoming extinct due to various other factors like living
relationships, divorces and adulteries etc., but this will bring a major change in society and it
will affect the people at large. In this project I’ve stated the advantages and how the
institution of family is diluted and this will lead to severe problems in the long run. And I
also stated some important legislations that are contributing to family disorganization, and
also written some important cases that made a landmark decisions in this particular factor.

Doing this project I’ve learned a lot about how the family is and the values of a family and
got an idea about how to prevent family disorganization.
BIBILIOGRAPHY

SOCIOLOGY – S.R. MYNENI

FAMILY AND ITS FUNCTIONS – SACHIDANAND

FAMILY LAWS

WWW.PAKOBSERVER .COM

WWW.YOURESSAYS.COM

ARTICLES RELATED TO FAMILIES

RECORDS OF FAMILY DISORGANIZATION IN DATABASE