Dharmashastra National Law University

Teaching Plan
of

Family Law I

for
B.A. LL.B. (Hons.) IVth Semester
2023-2024

Compiled By:

Animesh Jha

Assistant Professor of Family Law

1|Page
 Table of Contents
Sr. No. Contents Page No.

1. Preface 3

2. Objectives of the Course 6

3. Syllabus 6

4. Teaching Plan 8

5. Reference Material 11

6. List of Assignments/Projects 12

7. Important Instructions 16

2|Page
1.0 Preface/Outline of the Subject
Beloved Students, I hope this finds you in health and in strength.

‘अथातो ब्रह्म जिज्ञासा’

(Let’s begin our quest of understanding the ultimate truth.)

I welcome you all to your 4th Semester of Undergraduate Study. From this semester you all
are beginning your journey of Core Law subjects. These subjects will be fundamental in your
understanding of Law as a discipline. I am sure you all thrilled for this experience. At the
outset, I must tell you how happy I am to welcome you all to the class of Family Law I.

I am confident that you will thoroughly enjoy this subject and we will have some wonderful
and enriching discussions. The subject that we are about to discuss is very different from any
other subjects you will study. It is the most interesting and relatable subject you will find as,
even if a person has nothing, he is not born without family.

Since time immemorial, all the learning starts with understanding single Brahmsutra,
"अथातो ब्रह्म जिज्ञासा" which simply means that let’s begin our journey of
inquisitiveness for the supreme truth. In this module of Family Law I, let’s get our inquisitive
minds sharpened as we have a lot to learn and very little time to do so.

Before I tell you about the subject, we have to ask ourselves few fundamental questions, i.e.,
what we love most in this world? What we hold most dear? And for what we are ready to die
at all point of time? I am sure that all of you will have a single answer that it is our family,
that we love the most. While love is a very subjective thing, we can all agree that all of us
need our families the most to survive. While all of the legislations and legal principles you
have studied or will study in any other law subject are a product of legal processes, the
institution of family and its sanctity predates all laws. In fact, all the legal institutions like
state, property, personality and possession are nothing but the extension of the structure that
lies in the family.

While thousands of books have already been written about the importance of institution of
family, there are only three things, I want to highlight about this subject. First, almost all the
disputes of the world have origin in the family itself. I am sure that all of you must have
heard about the saying that the entire dispute lies in Wealth, land and family. While people
collect wealth and land for their loved once, protecting the honour of one’s family is
considered the supreme duty. Our Epics testify the same; Both Ramayan and Mahabharat are
nothing but a story of vengeance in which men have died for the honour of their family.
While I hold all the disciplines of Law in high esteem, there is no denial that a person can live
without institutions of Courts, Contract, Constitution and Company, but there can be nothing
without family.

Secondly, that the Family Laws are also known as Personal Laws, because their application is
contingent upon the person’s religion. I am sure that all of you know about the secular nature
of our constitution and how the right to equality protects a person against any religious
3|Page
discrimination, and that the laws should be same for everyone. Personal Laws stand as a tall
exception to this doctrine. This affirms the notion that the religion is something that is very
close to the Indians and all of us are very sensitive about it. This brings a very unique
perspective to the Family Law.

Thirdly, the Family Laws have many unique aspects that are very much different from all
other branches of laws. For example, the Family Laws are blend of codified and uncodified
laws and the uncodified parts have its sources in the ancient texts which are thousands of
years old. Also, unlike all other branches of laws, where the customs are considered inferior
to the letter of law, the Family Law again goes in separate direction and the customs often
hold upper hand over the legislative provisions. Additionally, the Family Laws do not attach
much importance to the judicial precedents, giving much scope to judicial discretion. All
these aspects make Indian Family Laws a very peculiar branch of law, the parallel of which
can’t be found in any other legal system.

While I am sure that the abovementioned discussion must have sparked interest in some of
you regarding our subject, let me appeal to those who are more practical and pragmatic in
their approach. I understand that all of you are in the age of raging hormones and most of you
are in love, either bilaterally or unilaterally. Some of our more unfortunate friends might also
be in a ditch called friendzone. In these cases, while other branches of law will leave you, the
Family Laws will take your hand and make sure that in due time you can stand for your
choice. The understanding of Family Law will protect you from abusive and painful
relationships, destitution and can save you and those who you love, a lot of pain. In addition
to helping yourself and others, you can make a lot of money handling matrimonial disputes. I
strongly assert that the study and specialization of Family Law is definitely a goldmine, as far
as career prospects are concerned. Here, I am talking about matrimonial disputes only and not
the property disputes related to family law, that we will study in next semester and that is
whole different beast which can make your generations rich.

When I say that Matrimonial Laws are goldmine, I make this assertion on three bases, Firstly,
the matrimonial disputes are growing exponentially. 40 or 50 years back, divorce was a big
taboo and rarely family disputes reached courts because in light of joint families, a lot of
pressure was on settling the dispute in the family itself as commonly said “Ghar ki baat ghar
me rahe to acha hai” . With the emerging trend of nuclear families, and improvement in
status of women, the matrimonial disputes are increasing greatly. Secondly, there are a very
small number of advocates who specialize in family law. Generally this subject is not
considered as interesting as Criminal Law or as important as Constitutional Laws, but
nonetheless the lesser competition is directly proportional to better opportunity. Thirdly, not a
lot of people have the appetite to learn, practice and deal with the matrimonial disputes. It is
not very easy or pleasant to see broken families and emotionally damaged people, but the
pursuit of justice demands a lot of courage. It is valiant to fight for the cause of justice of an
innocent man in criminal court or to protect environment in Supreme Court but nothing takes
more courage than rescuing a battered wife from her abusive husband when she might be
herself reluctant to seek help. So, while it may get ugly in the family court, you can find
solace in the thought that not everyone can do what you are doing.

4|Page
As far as the curriculum of this semester is concerned, we will start our discussion with the
basics of Family Law, meaning of Family, its character and types along with its importance.
Then we will discuss the constitutional status of Family law. We will also learn about the
religions, primarily Hinduism and Islam. We will try to answer the most difficult question of
defining Hinduism. We will also learn about fundamentals of Hindu and Muslim
Jurisprudence, its sources and schools. We will finally discuss the recent developments and
talk about recent controversies. Our first module also includes a discussion on the
codification of personal law and also the idea of Uniform Civil Code, which is undoubtedly
one of the most debated political and legal question.

In Second Module, we will learn about Marriage, which I am sure you all will find most
interesting. We will discuss the essentials of valid Hindu marriage, and consequence of
voidable and void marriage. We will discuss the concept of Islamic Nikah, its essentials and
consequences. We will also discuss the Special Marriage Act, Christian and Jew marriage.

In third module, we will learn about matrimonial causes like restitution, nullity and
separation. We will discuss the theories of divorce, grounds of divorce and its changing
dimension. We will discuss the Dissolution of Muslim marriage, the recent Triple Talaq Act.
Divorce under Special Law and other personal laws.

In fourth module, we will understand laws related to Adoption, Maintenance, Guardianship

and Legitimacy under different personal laws and secular laws. The laws related to
maintenance and the very famous Shah Bano Case, which is said to change the course of our
political history are in the academic menu of this course. We will also see the growth of this
subjects in terms of Gender Neutrality and Women Empowerment.

In the fifth and final module, we will learn about the procedural aspect of the family law. The
functions of Family Court and objectives of creating these parallel courts will be discussed.
We will also study the international aspects of Family law which generally forms the aspects
of Private International Law. We will also discuss the recent trends in family laws like
surrogacy, live in relationship and same sex marriage.

It must be understood that it is never possible in our academic schedule to do complete justice
with the entire subject. The faculties prioritize the topics on the basis of the contemporary
relevance. Many topics or issues are left because of various constraints but it is unwise to
ignore them. All of you must understand that no course can include everything, but we will
discuss all that is there in syllabus. I intend to include some extra modules for the students
who want to learn more and specialize in family law, but will not be included for examination
purpose. I intend to make the maximum out of this semester and I sincerely hope you all shall
come prepared, and the most important thing that you can bring on the table is your
inquisitiveness. The inquisitiveness is pre requisite of all knowledge.

My only instruction this semester is to ask questions and participate. The more you will talk,
the more you will learn. Till then Satyam Vada, Dharmam Chara, Swadhyaayann ma
Pramadah (Speak the truth, follow the righteous path and never be lazy in self-study).

5|Page
2.0 Objectives of the Course

The course of Family Law I will have following objectives:

i) To clearly understand the concept of Family, its evolution, importance and

structure.
ii) To educate students about the major religions of India, their essential practices
and their separate jurisprudence.
iii) To understand the idea of personal laws, their constitutional status and
interpretation.
iv) To equip the students with the tools used in the litigation arising out of family
disputes related matrimonial causes.
v) To gain clarity related to timeline of changes in family law, the prior and post
codification of Laws. Impact of amendments in Hindu laws.
vi) To prepare the students for various competitive exams by discussing all important
case laws related to Hindu and Muslim Law.
vii) To critically examine the prospect of Uniform Civil Code and its pros and cons.
viii) To appreciate the recent changes in Family laws included the controversies like
Love Jihad and Forced Conversion.
ix) To highlight the procedural aspect of Family law and practical working of Family
Courts.

3.0 Syllabus
Module I Introduction to Family Law

1) Meaning of Family, its Nature, Characteristics, Types and Changing Dimensions.

2) Family Law and Personal Laws, Constitutional Status, Codification of Personal Laws.
3) Definition of Hindu, Sources and Schools of Hindu Law.
4) Sources and Schools of Muslim Law, Introduction to Christian, Jewish and Parsi Law.
5) Uniform Civil Code.

Module II Laws related to Marriage

1) Concept of Marriage, Nature of Marriage under Hindu and Muslim Law.

2) Marriage under Hindu Law, Valid, Void and Voidable Marriages.

6|Page
 3) Marriage under Muslim Law, Distinction between Shia and Sunni Law on Marriages.

4) Marriage under Special Marriage Act.

5) Laws related to Christian and Parsi Marriage.

Module III Laws related to Matrimonial Disputes

1) Nullity of Marriage under Hindu and Muslim Law

2) Restitution of Conjugal Rights and Judicial Separation.

3) Dissolution of Marriage under Hindu Law.

4) Dissolution of Marriage under Muslim Law, Muslim Women (Protection of Rights on

Marriages Act) 2019.

5) Dissolution under Special Marriage Act, Christian and Parsi Law.

Module IV Laws related to Adoption, Maintenance and Guardianship.

1) Adoption under Hindu Law.

2) Adoption under Secular Laws, Juvenile Justice Act 2015, Inter Country Adoption.
3) Maintenance under Hindu Law, Maintenance under Code of Criminal Procedure.
4) Maintenance under Muslim Law, Muslim Women (Protection of Rights on Divorce)
Act,1986.
5) Guardianship under Hindu and Muslim Law (Hizanat) , Guardianship and Wards Act,
1890.

Module V: Laws related to Procedure and Conflict of Laws. Recent Trends in Family
Law.

1) Procedure in Family Dispute, Family Courts Act, 1984.

2) Family law and Conflict of Laws, Inter Country Disputes.
3) Laws related to Legitimacy and Parentage. Acknowledgement under Muslim Law.
4) Law related to Surrogacy and IVF, Surrogacy (Regulation) Act, 2021.
5) Judicial Trends related to Live in Relationship and Same Sex marriage. MP Freedom of
Religion Act, 1951.

7|Page
4.0 Tentative Lecture/Teaching Schedule
Tentative Teaching Schedule should be in the following format

Sr. No. Topic Number of Lectures

Module I
1. Meaning of Family, its Nature, Characteristics, 2
Types and Changing Dimensions.

2. Family Law and Person Laws, Constitutional 3

Status, Codification, Uniform Civil Code.

3. Definition of Hindu, Sources and Schools of 3

Hindu Law.

4. Sources and Schools of Muslim Law, 2

Introduction to Christian, Jewish and Parsi
Law.

5. Uniform Civil Code 2

Total Lectures 12
Module II
6. Concept of Marriage, Nature of Marriage 2
under Hindu and Muslim Law.

7. Marriage under Hindu Law, Valid, Void 4

and Voidable Marriages.

8|Page
8. Marriage under Muslim Law, Distinction 4
between Shia and Sunni Law on Marriages.

9. Marriage under Special Marriage Act, 2

10. Laws related to Christian and Parsi Marriage. 2

Total Lectures 14
Module III
11. Nullity of Marriage under Hindu and Muslim Law 3

12. Restitution of Conjugal Rights and Judicial 3

Separation.

13. Dissolution of Marriage under Hindu Law. 3

14. Dissolution of Marriage under Muslim Law, 3

Muslim Women (Protection of Rights on
Marriages Act) 2019.

15. Dissolution under Special Marriage Act, Christian 2

and Parsi Law.

Total Lectures 14
Module IV
16. Adoption under Hindu Law. 2

17. Adoption under Secular Laws, Juvenile Justice Act 2

2015, Inter Country Adoption.

9|Page
18. Maintenance under Hindu Law, Maintenance under 2
Code of Criminal Procedure.

19. Maintenance under Muslim Law, Muslim Women 2

(Protection of Rights on Divorce) Act,1986.

20. Guardianship under Hindu and Muslim Law 2

(Hizanat) , Guardianship and Wards Act, 1890.

Total Lectures 10

Module V
21. Procedure in Family Dispute, Family Courts Act, 2
1984.

22. Family law and Conflict of Laws, Inter Country 2

Disputes.

23. Laws related to Legitimacy and Parentage. 2

Acknowledgement under Muslim Law.

24 Law related to Surrogacy and IVF, Surrogacy 2

(Regulation) Act, 2021.

25 Judicial Trends related to Live in Relationship and 2

Same Sex marriage. MP Freedom of Religion Act,
1951.

Total Lectures 10

10 | P a g e
 Total Lectures Proposed to be delivered 60

5.0 Reference Material

5.1 Module I

5.1.1 Hindu Marriage Act, 1955

5.1.2 The Muslim Personal Law (Shariat) Application Act, 1937
5.1.3 Modern Hindu Law by Paras Diwan
5.1.4 Lectures on Family Law I by Prof. Kusum
5.1.5 Judgments
 Commissioner of Income-Tax v. Gomedalli Lakshminarayan
 Moro Vishwannath v. Ganesh Vithal
 Muhammad Hussain Khan v Babu Kishva Nanadan Sahai
 C.N. Arunachala Mudaliar v. C.A. Muruganath Mudaliar
 Smt. Dipov v. Wassam Singh
 Commissioner of Wealth-Tax v. Chander Sen
 M/s Nopany Investment (P) Ltd. V. Santokh Singh
 Mrs. Sujata Sharma v. Shri Manu Gupta

5.2 Module II

5.2.1 Legislation
 Hindu Marriage Act, 1955
 Special Marriage Act,1955
5.2.3 Books -:
 Family Law I by Prof. Kusum
 Ranganath Misra (Rev.), Mayne’s Treatise on Hindu Law & Usage
 Satyajeet A. Desai, Mulla’s Principles of Hindu Law
 Paras Diwan, Law of Marriage and Divorcer
 M. Hidayatulla and Arshad Hidayatulla, Mulla’s Priciples of Mohomedan Law
 Tahir Mahmoods, Fyzee’s Outlines of Muhammedan Law

5.2.5 Judgments
 Dr. Surajmani Stella Kujur v. Durga Charan Hansdah, AIR 2001 SC 938
 S. Nagalingam v. Sivagami (2001) 7 SCC 487 4
 Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564 8
 Lily Thomas v. Union of India, AIR 2000 SC 1650 12
 Asha Qureshi v. Afaq Qureshi, AIR 2002 MP 263 23

11 | P a g e
  Court On Its Own Motion Lajja ... vs State, 2012 (193) DLT 61 27
 P. v. K., AIR 1982 Bom. 400 46
 Seema v. Ashwani Kumar, (2006) 2 SCC 578 56
 Binod Kumar Singh v. Union of India, 2019 SCC OnLine Pat 2363
 Ms. Ghulam Kubra Bibi v. Mohd. Shafi Mohd. Din, AIR 1940 Pesh. 231
 Chand Patel v. Bismillah Begum, 1 (2008) DMC 588 (SC)

5.3 Module III

5.3.1 Legislation
 Hindu Marriage Act, 1955,
 Special Marriage Act, 1955.
 Muslim Women (Protection of Rights on Marriage) Act, 2019.
 Seventy-first Report of Law Commission of India.
 Marriage Laws Amendment Bill 2013.
5.3.2 Books
 Modern Hindu Law by Paras Diwan,
 Family Law II by Poonam Pradhan Saxena,
 Muslim Law by Tayyabji.
5.3.3 Judgments
Cases:
 Kailashwati v. Ayodhia Parkash, 1977 C.L.J. 109 (P.& H.)
 Swaraj Garg v. K.M. Garg, AIR 1978 Del. 296
 Saroj Rani v. Sudarshan Kumar, AIR 1984 SC 1562
 N.G. Dastane v. S. Dastane, AIR 1975 SC 1534
 Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253
 Bipinchandra Jaisinghbai Shah v. Prabhavati, AIR 1957 SC 176
 Dharmendra Kumar v. Usha Kumar, AIR 1977 SC 2213
 T. Srinivasan v. T. Varalakshmi, 1 (1991) DMC 20 (Mad.)
 Hirachand Srinivas Managaonkar v. Sunanda, AIR 2001 SC 1285
 Sureshta Devi v. Om Prakash, 1 (1991) DMC 313 (SC)
 Amardeep Singh v. Harveen Kaur AIR 2017 SC 4417
 Shamim Ara v. State of U.P., 2002 Cr LJ 4726 (SC)
 Masroor Ahmed v. Delhi (NCT) 2008 (103) DRJ 137 (Del.)
 Ghulam Sakina v. Falak Sher Allah Baksh, AIR 1950 Lah. 45
 A. Yousuf Rawther v. Sowramma, AIR 1971 Ker. 261
 Itwari v. Asghari, AIR 1960 All. 684
 Shayara Bano v. UOI, SC, decided on 22 August, 2017

5.4 Module IV

12 | P a g e
5.4.1. Legislations
 Hindu Adoption and Maintenance Act, 1955.
 Hindu Minority and Guardianship Act,1956.
 Muslim Women (Protection of Right) on Divorce Act,1986
 CARA Guidelines 2017
5.4.2. Books
 Hindu Law by Paras Diwan,
 Family Law by Paras Diwan,
 Muslim Law by R.K. Sinha,
 Mohammedean Law by Aqil Ahmad
5.4.3 Judgments
 D.Velusamy v. D.Patchaiammal (2010) 10 SCC 469
 Badshah v. Sou. Urmila Badshah Godse & Anr(2014)1SCC188
 Sanjivani Ramchandra Kondalkar v. Ramchandra Bimrao Kondalkar, 2019 SCC
OnLine Bom 6581
 Sanjay Damodar Kale v. Kalyani Sanjay Kale, 2020 SCC OnLine Bom 694
 Brijendra v. State of M.P., AIR 2008 SC 1058
 In Re: Adoption of Payal at Sharinee Vinay Pathak and his wife Sonika Sahay
Pathak, 2010 (1) Bom CR 434
 Manju Sharma v.Vipin, MANU/DE/2061/2019 216
 Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228
 Danial Latifi v. Union of India (2001) 7 SCC 740
 Rana Nahid and Ors. v. Sahidul Haq, MANU/SC/0487/2020

5.5 Module V
5.5.1. Legislation
 Family Courts Act, 1984.
 The Surrogacy (Protection) Act, 2021.
 Indian Evidence Act, 1872.
5.5.2. Books
 Surrogacy Law, Practice And Policy In India by Dr Rekha Pahuja.
 Surrogacy and Legal Framework in India by Akriti Shahi
 Private International Law in India by F.E. Noronha
 Private International Law by Paras Diwan
 Indian Evidence Act by Dr. V Nageshwara Rao
5.5.3. Judgement
 R. Kasthuri v. M. Kasthuri, (2018) 5 SCC 353.
 S.D. Joshi v. High Court of Bombay, (2011) 1 SCC 252.
 Santhini v. Vijaya Venketesh, (2018) 1 SCC 1.
 M.P. Gangadharan v. State of Kerala, (2006) 6 SCC 162.

13 | P a g e
  Lata v. Union of India, (1993) 1 Mah LJ 673.
 Perry Kansagra v. Smriti Madan Kansagra, (2019) 20 SCC 753.
 Baby Manji Yamada vs Union Of India (2008)13 SCC 518.
 Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, (2014) 2 SCC 576.
 Indra Sarma vs V.K.V.Sarma (2013) 15 SCC 755.
 D.Velusamy vs D.Patchaiammal (2010) 10 SCC 469

Attached Resources:
1) Case Compilation of Family Law I by Delhi University can be found at
http://lawfaculty.du.ac.in/files/course_material/I_Term/LB-%20105%20Family%20Law%20I
%20.pdf

2) E Book of Family Law (I and II) Both by Lexis Nexis is attached with This Document.
3) Further Access to EBC E books is provided by University Library.

6.0 List of Assignment/Project Topics

S. Enrolment Project Topics

No No.
1. Maintenance as a measure of Social Justice
2. Adultery as a ground for Divorce
3. Validity of Child Marriage under Personal Law
4. Natural Guardian under Hindu Law
5. Definition of Hindu
6. Personal Laws and Right to Equality
7. Presumption of Legitimacy
8. Hindu Marriage: Sacrament to Contract
9. Validity of a marriage solemnized outside India
10. Critical Analysis of Madhya Pradesh Religious Freedom
Laws
11. Maintenance under the Code of Criminal Procedure,
1973
12. Family Courts in India
13. Speedy disposal of Matrimonial Cases
14. Right to Economic Support
15. Presumption of Paternity and DNA Testing
16. Maintenance for Live-in-Partner
17. Jurisdiction and Procedure in Matrimonial cases
18. Grounds for Divorce- Need for reform
19. Codification of Hindu Law

14 | P a g e
 20. Prohibited relationships under Hindu Law
21. Divorce by Mutual Consent
22. Special Marriage Act as a precursor of Uniform Civil
Code
23. Registration of Marriage
24. Insanity as a ground for Nullity and Divorce
25. Iddat under Muslim Law
26. Rights of Women Post -Divorce
27. Void Marriages under Hindu Law
28. Status of Children born out of Live-in-relationship
29. Issue of Custody in Matrimonial Disputes
30. Right of Maintenance of Step Parents
31. Desertion under Personal Law
32. Bars to matrimonial relief
33. Marriage with a Transgender
34. Uniform Civil Code
35. Status of Wife and Children in a Marriage not properly
solemnized: Loopholes & Need for Reform
36. Right of Adoption to all religious communities; A
Constitutional perspective
37. Sources of Hindu Law
38. Bigamy as ground for Divorce
39. Compulsory Registration of Marriage
40. Child Marriage: A Legal View
41. Constitutional Validity of Restitution of Conjugal Rights
42. Cruelty as ground for Divorce
43. Maintenance to Second Wife
44. Jurisdiction of Family Courts
45. Adoption- The Present Law
46. Marital Rape as a ground for Divorce
47. Gurdianship under Muslim Law
48. Schools of Hindu Law
49. Critical Analysis of Maintenance and Welfare of Parents
and Senior Citizens Act 2007
50. Same Sex Marriage
51. Waiver of Cooling period under Hindu Marriage Act
52. Notice and Privacy under Special Marriage Act
53. Divorce under Christian Law
54. Role of Customs in Family Law
55. Repudiation of marital tie at the instance of Muslim
Wife
56. Maintenance of Wife under Muslim Law
57. Adoption Under Juvenile Justice Act

15 | P a g e
 58. Marriage under Parsi Law
59. Law of Inter-Country Adoption
60. Marital Status based Discrimination - A peep into
Personal Law
61. Nikah Halala
62. Maintenance of Parents
63. Mother as a Natural Guardian of Child under Hindu Law
64. Hindu Marriage Act 1955- Fundamental Changes
brought by it
65. No Fault theory of Divorce
66. Irretrievable Break down of Marriage
67. Custody of Minor
68. Husband’s Right to maintenance
69. Need for Gender-Just Personal Laws
70. Uniform Civil Code as a binding obligation under
International and Domestic Law
71. Converting to Muslim faith to commit Polygamy
72. Effect of Adoption
73. Origin and Development of Islamic Law
74. Matrimonial Laws and Gender Inequalities
75. Polygamy under Muslim Law
76. Validity of Triple Talaq
77. Meher
78. Rights of Women in Bigamous Marriages
79. Khyar-ul-bulug (Option of Puberty)
80. Void Marriages under Muslim Law
81. Right to Matrimonial Home
82. Constitutional Challenges on Restitution of Conjugal
Rights
83. Marriage under Christian Law
84. Post-Divorce Marriage pending Appeal
85. Restitution of Conjugal Rights
86. Divorce under Special Marriage Act
87. Cruelty
88. Desertion as a Ground of Divorce
89. Judicial Separation
90. NIKAH
91. Guardianship under Hindu Law
92. Sources of Muslim Law
93. Consent theory of Divorce
94. Live-in-relationship
95. Voidable Marriages under Hindu Law
96. Marriage under Hindu Law

16 | P a g e
 97. AIDS as a ground for Divorce
98. Adoption- Fundamental Changes brought about by
Hindu Maintenance Act, 1956
99. TALAQ
100. Marriage under Muslim Law
101. Divorce under Parsi Law
102. Marriage under Special Marriage Act
103. Judicial Separation under Special Marriage Act
104. Inter Country Adoption
105. Legal Guardian under Muslim Law
106. Legitimacy & Acknowledgment under Muslim Law
107. Muta Marriage
108. Registration of Hindu Marriage
109. Prohibition of Child Marriage
110. Schools of Muslim Law
111. Fault theory of Divorce
112. Essential Conditions of a Valid Hindu Marriage
113. Laws related to Surrogacy

7.0 Instructions to Students

 All students shall carry bare act

 Some Important judgments are listed hereinbefore, students are advised to download
these judgements and are further advised to prepare their short notes so as to enable
meaningful discussion in class
 The above teaching schedule is tentative and is subject to change as per the need and
requirements of the session
 The list of judgments recommended is only illustrative and new judgements may be
added to it during class-room discussion
 Students may seek change in the Project Topics, subject to the approval of Faculty.
 Projects should be submitted on time and student must attend their class presentation.
 Students have liberty to clarify their doubts in class, after class hours or by any means
of communication.
 Student must submit an abstract of project and get it approved before submission of
final project.
 Project topics indicate broad theme of study, Students may make a project on
specialized topic within the theme.

Animesh Jha

17 | P a g e