Academic Year: 2020-2021

BBA/BALLB Semester: VII

LAW705: FAMILY LAW-II

INSTRUCTOR CONTACT INFORMATION

Faculty Name : Mohd Wazid Khan

Faculty’s University Address: Glocal Law School

Email : mohd.wazid@theglocaluniversity.in

Departmental Website : https://www.glocallawschool.ac.in

Office Hours : Monday to Saturday 9 AM to 5 PM

COURSE INFORMATION

Prerequisite : Basic knowledge of Law.

Course Level : UG

Credits : 4 (5 Lectures per Week + 1 Tutorial Class for Projects)

Teaching Method : Explanations by the Instructor

: Group/Pair Work

: Class Discussion

: Assignments

: Presentations

: Visiting Library

COURSE DESCRIPTION
 Academic Year: 2019-2020
BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

In pre-independence India penal law and the law relating to civil matters not essentially
personal in nature was standardized by the British through codification. Matters that were
essentially organized around religion and custom and were considered as not directly
impeding on administration were left to the religious or customary law as applied by the
courts. This was, speculatively speaking, not only an acknowledgement of the plurality of
Indian culture and traditions but also a ploy to keep the natives pacified. They ceded power in
the realm of matters related to the family, thus satisfying male subjects (who were
empowered over women and children with respect to almost all familial issues) and thereby
substantially eliminating the threat of an uprising. Uniformity in criminal law and
commercial laws was imperative for perpetuating dominion whereas it appeared pragmatic to
let the subjects retain autonomy in matters not directly affecting the interests of empire. Or on
a positive note one could also infer that owing to the more than apparent divergence in
personal effects, they allowed the subjects to regulate their conduct in matters of property,
marriage etc., without heaping on them alien conceptions of the same.
Post-independence the Constitution providing for a secular polity-not in terms of the accepted
notion of separation of church and state, but in the form of recognition and acceptance of
divergent religious and customary practices when not in contravention of the constitutional
mandate, as possessing equal worth and footing from the nation-state’s perspective-retains
the religious personal laws. Article 44 itself recognizes separate and distinctive personal laws
because it lays down as a directive to be achieved that within a measurable time India should
enjoy the privilege of a common uniform Civil Code applicable to all its citizens irrespective
of race or religion.
These laws govern property as well as family and classify the populace on religious
denominations. Thus people are in matters of maintenance, guardianship, custody,
inheritance, succession, property, etc. governed by Muslim, Hindu, Christian and Parsi law,
or if they so choose by secular laws enacted for the purpose. Buddhists, Sikhs and Jains are
considered Hindus for legal purposes. Owing to demography the religious laws of the Hindus
and Muslims assume significance and therefore assume primacy in this course, which,
however, is not to imply that the other personal laws are any less important, but only to

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BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

underscore the substantive content of the course. The enmeshing of the personal laws with
the secular and unitary fabric of the constitutionally envisaged legal system (personal laws
are administered by the regular courts; no special legally acknowledged institutions exist for
their functioning and therefore the personal laws are integrated into the larger legal system) is
symbolic of the complexity and uniqueness of the Indian democratic enterprise and an
understanding of the same essential for a coherent conception of the Indian legal tradition. A
lot of the present day political disruptions too are intimately related to the functioning of
personal laws and thus render the study of them all the more pertinent.
This course introduces students to the procedural and substantive law affecting the family and
domestic relations. The law relating to adoption, acknowledgement, guardianship, Hizanat,
custody, Hindu joint family, Coparcenary, Coparcenary Property, Inheritance, Succession,
etc. is discussed in detail through a study of its historical development and foundational
sources along with its contemporary implications through relevant case laws.
 
OBJECT OF THE COURSE
After the completion of the course, the learner students will have a decent understanding of
various provisions of the families, family law, policy making, and the legal and political
processes that impact family life. The course format is designed to facilitate student
interaction, critical thinking, and debate.

OBJECTIVES OF THE COURSE

Personal Laws are known as Family Laws. Hindu law is also a part of family law whose
objective is to deal with family matters such as family status and family property etc.
The objectives of the course are to appraise the law graduates with jurisprudential basis and
salient statutory features of various family institutions like to adoption, acknowledgement,
guardianship, Hizanat, custody, Hindu joint family, Coparcenary, Coparcenary Property,
Inheritance, Succession, etc. The course also aims at to make objective analysis of family
laws in context of changing social values and feminist jurisprudence.

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 Academic Year: 2019-2020
BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

LEARNING OUTCOMES
On successful completion of this course, students will be able to:
1. Introduce the family law of the Hindus and Muslims that govern their personal
matters.
2. Examine family laws and policies that explicitly and/or implicitly impact families in
our society.
3. Examine family laws and policies in terms of their sensitivity to and supportiveness of
diverse families.
4. To identify the overarching legal issues involved in laws governing personal matters
of the Hindus.
5. To impart an understanding of fundamental family law concepts governing to
adoption, acknowledgement, guardianship, Hizanat, custody, Hindu joint family,
Coparcenary, Coparcenary Property, Inheritance, Succession, etc.
6. To acquaint students with the theological make up, source and nature of the personal
laws of the abovementioned concepts of Hindus and Muslims.
7. To lay stress on case studies & solving practical problems for the development of
legal acumen and argumentative skills.
8. To emphasize on the solution of practical problems in personal matters through a
structural development of the law suited to the times.
9. Compare Indian family laws and policies to other countries to better understand
Indian family values and the state of Indian families.
10. To critically analyze these personal laws keeping the best interests of the Child and
gender justice in mind.
This course teaches the following topics within these core areas:

A. Adoption under The Hindu Adoptions and Maintenance Act, 1956 and
Acknowledgment under Muslim Law.
B. Guardianship under The Hindu Minority and Guardianship Act, 1956 and
Hizanat under Muslim Law.
C. Joint Hindu Family, Coparcenary under Hindu law
D. Inheritance under Hindu Law and Muslim Law

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BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

E. Succession under Hindu Law and Muslim Law.

EVALUATION SCHEME

The examination system of the University promotes constant monitoring and ensures
transparency of the of the evaluation methods. Keeping this in mind University has adopted
two tiers of assessment method viz. continuous assessment and end-term written
examination. Skills of reading, research analysis and writing will be assessed through project
work. Efforts will be made to ensure that the examination method is innovative and capturing
of student interest. In order to promote transparency and objectivity, detailed evaluation
report of project assignments as also answer scripts are given to students for their perusal.

The performance of the students on this course is assessed on the basis of 100 marks. The
overall assessment of 100 marks is divided as under:

[1] Internal Assessment (30 Marks)

Assessment Mode Marks

Written Submission 5 Mark
Presentation 10 Marks
Class Tests 10 Marks
Attendance 5 Marks
Total 30 Marks

[2] Mid Semester Examination (20 Marks)

[3] End Semester Examination (50 Marks)

Written examination of 20 Marks will be conducted in the middle of a Semester and

written examination of 50 Marks will be conducted at the end of the semester. The
majority of the questions will be problem based. This is to check the in-depth knowledge
and analytical & lawyering skills of the students in the subject.

GROUP WORK

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BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

You will have the opportunity to work with a small group of four students from class to
do the assigned work and share your conclusions and observations through presentation
before the class with the instructor and other students. At the end of the semester the
group members will submit a research paper which should be of publishable quality.

TIMELINESS
Due dates and times for both the research and the writing assignments are strict.
Extensions will not be granted except in the case of a genuine emergency such as a
significant, verifiable illness. You must make the request for an extension as soon as you
know of the emergency.

PLAGIARISM
Students of School of Law are subject to the Glocal Student Policies and Procedure Manual.
Plagiarism is explicitly defined in that publication. Any student caught in this malpractice
will be liable for strict punishment. Students will receive a handout explaining academic
plagiarism more fully.

LECTURE PLAN

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 Academic Year: 2019-2020
BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

NUMBER OF
MODULES TITLE
LECTURES
Adoption under The Hindu Adoptions and
MODULE-I FIVE LECTURES
Maintenance Act, 1956
Legitimacy and Acknowledgement under
MODULE-II FOUR LECTURES
Muslim Law
Guardianship under The Hindu Minority
MODULE-III SIX LECTURES
and Guardianship Act, 1956

MODULE-IV Guardianship (Hizanat) under Muslim Law FOUR LECTURES

MODULE-V Joint Hindu Family, Coparcenary SIX LECTURES

MODULE-VI Inheritance under Hindu Law TEN LECTURES

MODULE-VII Inheritance under Muslim Law TEN LECTURES

Succession Under The Hindu Succession

MODULE-VIII TEN LECTURES
Act, 1956

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 Academic Year: 2019-2020
BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

COURSE CONTENT

MODULE I: ADOPTION UNDER THE HINDU ADOPTIONS AND

MAINTENANCE ACT, 1956

A. Meaning, Concept and Object of Adoption

B. Condition of a valid adoption
C. Capacity to adoption
D. Legal Effect of an adoption under the Hindu Adoptions and Maintenance Act,
1956

Referred Cases
 Brijendra v. State of M.P., AIR 2008 SC 1058 164.
 Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228
 Jyoti Prakash Banerjee vs Chameli Banerjee and Anr. AIR 1975 Cal 260, 79 CWN
332
 Guradas v. Rasaranjan (2006) 8 SCC 267
 Kumar Sursen v. State of Bihar AIR 2008 Pat 24
 Busvarajappa v. Guru basamma 2005 12 SCC 290
 Laxmikant Pandey v. union of India 1984 2 SCC 244

MODULE-II: LEGITIMACY AND ACKNOWLEDGEMENT UNDER

MUSLIM LAW

A. Presumption of Legitimacy
B. Acknowledgement
C. Distinction between Adoption and Acknowledgement
Referred Cases

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 Academic Year: 2019-2020
BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

 Rashid Ahmad versus Anisa Khatun (1932 ) 34 Bom LR 475

 Md. Allahadad Md Ismail 1888 10 All. 289
MODULE-III: GUARDIANSHIP UNDER THE HINDU MINORITY AND
GUARDIANSHIP ACT, 1956

A. Meaning and Concept of Minority and Guardianship

B. Kinds of Guardian
i. Natural Guardian and their Power
ii. Testamentary Guardian and their Power
iii. Guardian Appointed or Declared by Court
iv. Guardian under any Other Enactment
v. De-facto Guardianship of minor’s property
vi. Ad hoc Guardian

Referred Cases
 Gita Hariharan v. Reserve Bank of India AIR (1999) 2 SCC 228
 Vandana Shiva v. jayanta Bandopadhyay AIR 1999 SC1149
 Sumedha Nagpal v. State of Delhi 2002 (2) HLR 199 SC
 Vishnu v. Jaya (2010) SC 2092

MODULE-IV: GUARDIANSHIP UNDER THE MUSLIM LAW

A. Definition and Nature of Guardianship

B. Guardianship of Person and Property:
i. Guardianship in Marriage
ii. Guardianship of Minor’s Property
iii. Guardianship for Minor’s Custody
C. Appointment of Guardian

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BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

D. Removal of Guardian

MODULE-V: JOINT HINDU FAMILY, COPARCENARY

A. Joint Hindu Family

i. Origin its Nature and Constitution
ii. Management of Hindu Joint Family
B. Hindu Coparcenary
i. Rights of Coparceners when Coparcenary comes to an end
ii. Distinction between “Joint Hindu Family” and “Coparcenary
Partnership” and “Hindu Joint Family Firm”
Referred Cases
 Surjit Lal v. Commissioner of Income Tax AIR 1976 SC 109

 Vinod Jena v. Abdul Hamid Khan AIR 1976 Orissa 159

 Bharat Singh v. Bhagirathi AIR 1966 405

 Ram Avadh v. Kedarnath 1976 All. 283

 State Bank Of India v. Ghamandi Ram AIR 1969 1330

 Mukesh Kumar v. Harbans Waraiah AIR 2002 SC 172

MODULE-VI: INHERITANCE UNDER HINDU LAW

A. General Principal of Inheritance (Pre-Act Position)
B. Mode of Devolution of Property
i. Inheritance under the Mitakshara Law
ii. Inheritance under the Dayabhaga Law
C. Distinction between Mitakshara and Dayabhaga Law of Inheritance

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BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

Referred Cases
 Buddha Singh v. Laltu Singh, AIR (1915) PC 370

 Khagendra v. Manmotha Nath 38 CWN 90

 Shrinivas Rao v. Annadhanam Shesha Charalu AIR 1942 Mad. 42

 Akshay Chandra v. Haridas 35 Cal. 721

 Subhan Rao v. Parvati Bai AIR 2002 Kant. 13

MODULE-VII: INHERITANCE UNDER MUSLIM LAW

A. General Principals of Inheritance
B. Classification of Heirs
C. Distribution of Heritage among Heirs of Class I and Class II of Sunni

MODULE-VIII: SUCCESSION UNDER THE HINDU SUCCESSION ACT, 1956

A. Object and Main Features of the Act

B. Distribution of Property after Hindu Succession Act, 1956:
Section-3,5,6,8,9,10 and 15.
C. Section 14 of Hindu Succession Act, 1956 and its effects

Referred Cases
 Lal Sai v. Bodhan Ram, AIR, (2001) MP 159
 Harprasad v. Sheo Dayal (1876) 3 MI All. 259
 Gopal Narayan v. D.P Goenka AIR (1971) Del. 61
 Gangadhar v. Saraswati AIR (1962) Orissa 190
 Kesardev v. Nanak Singh AIR (1958) Punj. 44

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 Academic Year: 2019-2020
BBA/BALLB Semester: VIII
LAW_____: FAMILY LAW-II

SUGGESTED READINGS

1. Dr. Paras Diwan, Modern Hindu Law

2. R.K. Agarwala, Hindu Law, Central Law Agency, 22nd Edn. 2008.
3. Poonam Pradhan Saxena, Family Law Lectures-II
4. Dr. Paras Diwan, Testamentary and Intestate Succession
5. Dr. Paras Diwan, Law of Adoption, Minority, Guardianship and Custody
6. Mulla: Principles of Hindu Law, LexisNexis Butterworths Wadhwa, 20th Edition
Volume I.
7. Duncan M. Derrett: Introduction to Modern Hindu Law. Oxford University Press.
8. Flavia Agnes: Family Law Vol. I. Oxford University Press.
9. N J Coulson: A History of Islamic Law. Edinburgh Univ. Press.
10. Satyajeet A. Desai, Mulla’s Principles of Hindu Law, Vol. I & II (20th ed., 2007).
11. Duncan M. Derrett, A Critique of Modern Hindu Law (1970). N M Tripathy Pvt.
Ltd.
12. Kusum: Family Law Lectures (Family Law I). LexisNexis Butterworths Wadhwa.
(2010).
13. Paras Diwan and Peeyushi Diwan, Modern Hindu Law (18th ed., 2008)
14. Paras Diwan, Family Law: Law of Marriage and Divorce in India, (1984).
15. D. Pathak, Hindu Law.
16. Mayne: Hindu Law and Usage
17. Roshan G Shahani: Parasis: Exploring Identities, 38 EPW
18. Flavia Agnes: Family Law Vol. II. Oxford University Press.

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19. Kusum: Family Law Lectures, Lexis Nexis Butterworths Wadhwa. (2010).
20. G.M. Divekar, Hindu Law
21. Ramesh Chander Nagpal, Modern Hindu Law
22. Raghvachariar, Hindu Law
23. Kusum, Family Law Lectures-I
24. J.D.M. Darret, A critique of Modern Hindu Law
25. P.N. Sen, Hindu Law

PRESCRIBED LEGISLATION

1. The Hindu Adoption & Maintenance Act, 1956.

2. The Hindu Minority &Guardianship Act, 1956.
3. The Hindu Marriage Act, 1955
4. The Hindu Adoptions and Maintenance Act 1956
5. The Special Marriage Act, 1954
6. Code of Criminal Procedure, 1973
7. Code of Civil Procedure, 1908.
8. The Family Courts Act, 1984

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