FAMILY LAW – I
Module – I Introduction to Personal Laws
- Sources of Hindu Law
- Ancient Sources – Shrutis & Smritis, Commentaries & Digest, Custom
- Modern Sources – Judicial Decisions , Legislations, Equity, Justice and Good Conscience
- Sources of Muslim Law
2.1 Primary Sources – Quran, Sunnat, Ahadis, Ijma, Qiyas
2.2 Secondary Sources – Custom, Judicial Decision, Legislation, Equity, Justice and Good Conscience
- Schools of Hindu Law & Muslim Law
Module – II Marriage Laws
- Marriage under Hindu Law
- Nature , Definition and Forms of Marriage
- Conditions for Marriage & Registration of Marriage
- Marriage Ceremonies and proof of Marriage
- Degree of Prohibited relationship and Sapinda relationship
- Grounds of Void & Voidable Marriage
- Marriage under Muslim Law
- Definition, Nature and Scope of Muslim Marriage (Nikah)
- Difference between Hindu & Muslim Marriage
- Essential Conditions of Muslim Marriage
- Classification of Muslim Marriage
- Distinction between Shia & Sunni Law of Marriage
Module – III Dissolution of Marriage
- Judicial Separation & Restitution of Conjugal Rights
- Dissolution of Marriage under Hindu Law
- Nullity of Marriage
- Grounds of Divorce & Wife’s Special Grounds for Divorce
- Divorce by Mutual Consent
- Irretrievable Breakdown of Marriage
- Dissolution of Marriage under Muslim Law
- Essentials of Talaq
- Modes of Talaq
- Judicial Separation under The Dissolution of Muslim Marriage Act, 1939
- Distinction between Shia & Sunni Law of Divorce
Module – IV Maintenance and Adoption
- Maintenance under Hindu Law
- Provisions under the Hindu Marriage Act, 1955
- Provisions under the Hindu Adoption & Maintenance Act, 1956
- Provisions under the Cr.P.C, 1973
- Maintenance under Muslim Law
- Maintenance to Muslim Wife
- Divorced Wife’s Right to Maintenance under Muslim Women (Protection of Rights on Divorce) Act, 1986
- Maintenance to Muslim Children
- Adoption under Hindu Law
- Who may adopt, who may give in adoption and who can be adopted
- Ceremonies of Adoption & Effects of Adoption
- Relationship of Adopted Child & Proof of Adoption
Module – V Guardianship
- Guardianship of person– Natural, Testamentary and Guardian appointed by court
- Guardianship of minors property
- Defacto Guardian
- Guardianship under Muslim Law
- Meaning , Appointment and Removal of Guardianship
- Kinds of guardianship- guardianship in marriage, person and property
Suggested Reading:
- Paras Diwan, Modern Hindu Law, Allahabad Law Agency, 1993
- Mulla, Principles of Hindu Law, Lexis Nexis, 2007
- A.A. Fyzee, Outlines of Mohammadan Law, Oxford University Press, 1974
- Afzal Qutb, A Treatise on Faith Oriented Family Norms, 1990
- Kusum, Marriage and Divorce Law Manual, Universal Law Publishing Co. Pvt.Ltd.,2000
- M. Gandhi, Family Law, Eastern Book Company, 2012
- Tahir Mahmood, The Muslim Law of India, Law Book Company, 1980
- Paras Diwan – Family Law, Allahabad Law Agency, 2001
- Mulla, Principles of Mohammadan Law, Lexis Nexis, 1906