Family Law II – Notes by Prof.

Priyanka Chavan

TYPES OF FAMILIES

The word family is derived from the Roman word ‘famulus’, meaning a servant,

SALIENT CHARACTERISTICS OF FAMILY

Sr. Salient
No. characteristics
of family
1. Universality Every human being belongs to one family or the other.

2. Mating A family comes into existence when a mating

relationships relationship is established between men and a woman.

3. Marriage The mating relationship is established through a form

of marriage, which may take by one of many forms.

4. Fixed habitation Every family has a more or less fixed place of

habitation a home where the essential functions of a
family are carried out.

5. Financial & Some kind of financial or economic provision is made

economic in every family, so that the basic requirements of the
provision family and their economic needs may be met.

6. System of Every family is known by a name, usually referred to as

nomenclature its ‘surname’ (as in India) depending of type of family.

7. Closed group A family is a close group, where membership is open

only through birth, marriage or adoption.

8. Limited Size Since a family is the nucleus of all other social groups,
it is limited in size.

9. Emotional basis The bonds which tie a family together are blood
relationship and mutual affection. Members of family
share their pleasures and pains together.

10. Sense of A family provides full security to all its members and
security and every member of the family bears responsibility
 Family Law II – Notes by Prof. Priyanka Chavan

responsibility towards the other members.

11. Educative role As the earliest period of every human being is spent in
his family, it is here that a person learns his earliest and
most fundamental lessons in socialization.

12. Permanence The family is permanent and universal, as an

coupled with association, it undergoes constant changes caused by
change births and deaths.

TYPES OR FORMS OF FAMILIES

A) On the basis of authority

B) On the basis of structure
C) On the basis of residence
D) On the basis of marriage
E) On the basis of ancestry or lineage
F) On the basis of in-group and out-group affiliation
G) On the basis of blood relationships

A. On the basis of authority

Patriarchal families Matriarchal families

In a patriarchal family, the male head has In a Matriarchal family, it is the
all the inclusive powers and is mother who is the supreme
instrumental in taking all the decisions on commander of the family.
behalf of family.

He is administrator of the family and She is the ruler of the family and also
presides over all the religious rites of the the owner of the family property.
family.

He also acts as the protector and the ruler Such types of families prevailed
 Family Law II – Notes by Prof. Priyanka Chavan

of the family, enjoying full authority over amongst the most primitive tribes
all the family members. who led a wandering life. The father
went hunting for the family and came
home irregularly, staying away from
the family for long periods of time.

In vedic times, the Indian family was This type of family is found amongst
strong patriarchal. The father exercised the Naris in Kerala and the Goras and
supreme power over his wife and children, Khasis in Assam.
who could not even own any property.

The wife had to endure a position of total

subordination and was subject to the will
of her husband in matters.

It is duty of every girl to obey her father

before marriage, her husband after
marriage, and her son after widowhood.

The chief characteristics of a patriarchal

family are:
 After marriage, the wife comes to
live in the husband’s and in-law’
home.
 The father is the supreme lord of the
family.
 Descent is reckoned through the
father, and the children are known
by the name of the family of the
father, that is, they take the surname
of their father.
 The children often inherit the
property of the father only.
 Family Law II – Notes by Prof. Priyanka Chavan

B. On the basis of structure

Nuclear families Extended families Joint families

A nuclear family is the Extended families comes A joint family is a form of
smallest composite family into existence on a merger an extended family.
unit. of two or more nuclear
familes.

It consists of the husband, A large extended family It consists of two or more

his wife (or wives, where
permitted by law) and the
children.
may include a man and
his wife (or wives, where
permitted by law), their
unmarried daughter,
married sons and the
son’s wives alongwith
their unmarried children.
extended families, whose
members are blood
relatives or close kins.
Such a family consist of
three or more generations,
namely the older parents,
sons, the wives of the
sons and their children.

The children have to leave
their parental household
as soon as they are
married.
A typical case of an
extended family is where
the nuclear families of the
married sons are merged
into the nuclear family of
their parents.
All such persons live
under one roof, eat food
of the same kitchen, hold
property in common and
participate jointly in
worship and religious
ceremonies.

A nuclear family is An extended family may

completely free from the live together in the same
control of elders, and the house.
parents take decision all
the time without any
hindrance.
 Family Law II – Notes by Prof. Priyanka Chavan

Distinguish between Nuclear family and Extended Family

Nuclear family Extended Family

Nuclear family is not continuous. A
nuclear family comes to an end when
one of the parents die.
Nuclear family is separate and
independent unit, which is run by
husband and wife.
Extended family is continuous.
Extended family is run by patriarch and
the married sons have little or no say in
deicion-making. Even after the
marriage, the son of an extended family
often continues to be regarded as a child
or a married child.

C. On the basis of residence

Patrilocal Matrilocal Bi-local Avunculocal Neo-local

family family residence residence family
family family
In this type In this type A married In this type of In this type of
of family, the of family, couple can family, the family, the
wife goes to the choose to married husband and
live in the husband live either couple live wife live in
house of his goes to live with wife’s with the separate
husband after in the parents or husband’s reseidence,
marriage. house of with the maternal which are
his wife husband’s uncle, namely usally close to
after parents. the brother of their
marriage. the husband’s respective
mother. jobs.
 Family Law II – Notes by Prof. Priyanka Chavan

D. On the basis of marriage

Monogamous families Polygamous families Polyandrous families

In the monogoamous In the Polygamous In the Polyandrous
familes, neither the families, the husband is families, the wife is
husband nor the wife allowed to have more allowed to have more
can marry again in the than one wife at a same than one husband’s at
lifetime of his or her time. the same time.
spouse.

E. On the basis of ancestry or lineage

Patrilineal families Matrilineal families

The term ‘ancestry’ and ‘descent’ The basis of ancestry is the mother
signify descent in one line from a and the rights of every members of
common ancestor or ancestress. the family depend on such member’s
relationship with the mother.

A term partriline means father’s line. Matrilineal is a system in which

For e.g. one’s father, his father, his descent is traced through the mother
father’s father and so on. and maternal ancestors.

F. On the basis of in-group and out-group affiliation

Endogamous family Exogamous family

Marriage is sanctioned amongst the Marriage is sanctioned only if it is
members of the in-group with a member of an out-group.
 Family Law II – Notes by Prof. Priyanka Chavan

G. On the basis of blood relationships

Conjugal family Consanguineous family

A conjugal family consist of
spouses, their offspring and relatives
through marriages also including
family of married daughter (i.e. her
husband family) and family of
daughter-in-law (i.e. her parents,
siblings)
A Consanguineous family consist of
spouses of blood relative, together
with their mates and children. Such a
family consist of three or more
generations, namely the older
parents, sons, the wives of the sons
and their children.
But does not include the family of
married daughter(i.e. her husband
family) and family of daughter-in-
law(i.e. her parents, siblings)