FAMILY LAW

COURSE OUTCOMES:

 

CO1: Identify the sources and schools of Hindu Law and Muslim Law, distinguishing between codified and uncodified portions.

CO2: Explain the legal principles governing marriage, divorce, maintenance, and succession under Hindu and Muslim personal laws.

CO3: Compare and contrast the key differences and similarities between Hindu and Muslim personal laws on various family law matters.

CO4: Evaluate the contemporary relevance and challenges of applying personal laws in a secular legal system.

 

COURSE CONTENT

 

UNIT I

Sources of Hindu Law; Schools of Hindu Law Concept of Marriage; The Hindu Marriage Act, 1955 Preliminary (Sec 1-4); Hindu Marriage Act (Sec 5-8) Restitution of Conjugal Rights (Sec 9-10)

Nullity of Marriage and Divorce (Sec 11-18)

Jurisdiction and Procedure (Sec 19-28A); Registration of Marriages (Sec 8)

 

UNIT II

Karta, Duties and Powers; Joint Family and Coparcenary

Classification of Property; Joint Family Property; Separate or Self acquired property Alienation of Joint family property; Partition and Reunion

The Hindu Succession Act, 1956- Preliminary (Sec 1-4), Intestate Succession (Sec 5-28) Testamentary Succession (Sec 30)

 

UNIT III

The Hindu Adoption and Maintenance Act, 1956- Preliminary (Sec 1-4); Adoption (Sec 5-17) Maintenance (Sec 18-28)

The Hindu Minority and Guardianship Act, 1956 (Sec 1-13) The Family Court, 1984

 

UNIT IV

Muslim Law

Sources of Muslim Law; Schools of Muslim Law Marriage; Dower; Divorce

Legitimacy and Acknowledgement Maintenance to Muslim Women

 

SUGGESTED BOOKS:

1.                  Dr. Paras Diwan          :           Modern Hindu Law

2.                  Mulla                           :           Principles of Hindu Law

3.                  J.D.M. Derrett :           Introduction to Modern Hindu Law

4.                  Maine’s                       :           Hindu Law (Indian Edition)