Handout for the Semester: July, 2024 – December, 2024
Class: B.A./B.B.A./B.Com.LL.B. III Semester Estimated Contact Hrs: 60 hrs.
Course Title: LAW 204 Family Law I Class Timings: Refer the time table Course Teacher/s: Aniket Bhargava Credit: 5 Max. Marks: 100 (CA: 40 + ESA: 60) Email: [email protected]
About the Course:
The course on Family Law-I aims at making the students well versed with the concept of Family Law with special emphasis on matrimony, matrimonial reliefs, adoption, maintenance, succession and joint hindu family. The subject is divided into 5 units which are well crafted and includes all the basic and important laws related to Family Law.
Course Objectives: 1. To provide adequate sociological perspectives so that the basic concepts relating to Hindu family are expounded in their social setting. 2. To give an overview of some of the current problems arising out of the foundational inequalities in the various Hindu family concepts. 3. To view family law as a separate system of personal laws based upon religions.
Course Contents: Unit I Introduction to Family law: Sources of Hindu Law, Application of Hindu Law, Nature and Origin of Hindu Law as Applied and Interpreted in India, Schools of Hindu Law, Migration and Change of Religion. Marriage: Concept of marriage in Hindu Law – A sacrament or contract, Essentials of a Valid Marriage, Kinds of marriage and Effects of Void, Voidable and Valid Marriage, Forms of Marriage, Effects of Conversion. Joint Hindu Family: Introduction, Coparcenaries, Karta-position and powers, Female may be a Karta or not, Religious and Charitable Endowment Law of Partition: Concepts and Kinds, Who can Demand, Modes of Partition and Reunion, Deemed Partition.
Unit II Dowry: Concept of Dowry in Hindu Marriage, The Dowry Prohibition Act, 1961: Effects of Demand and Payment of Dowry Matrimonial Reliefs: Concept and Meaning; Positive and Negative Remedies, Restitution of Conjugal Rights-Provisions in Hindu Law and other Personal Laws, Restitution of Conjugal Rights and Cruelty (Domestic Violence), Judicial Opinion regarding Constitutionality of the Remedy of Restitution of Conjugal Rights, Concept, Grounds and Effects of Judicial Separation, Theories of Divorce, Grounds of divorce under Hindu Law, Special Marriage Act, 1954, The Indian Divorce Act, 1869 and The Parsi Marriage & Divorce Act, 1936.
Unit III Maintenance: Provisions regarding maintenance under Hindu Law and Christian Law, Implications of provisions in Cr.P.C. (Ss. 125-128) Judicial Approach. Guardianship and Adoption: Laws of Guardianship, Types of Guardians, Requisites of a Valid Adoption, Adoption by Foreign Parents, Effects of Adoption, Adoption under Juvenile Justice (Care and Protection of Children) Act, 2015, Surrogacy.
Unit IV Testamentary Succession & Intestate Succession: Will, Probate and Codicil, Execution, Attestation and Revival, Will under Hindu Law and Section 30 of Hindu Succession Act, 1956, General Principles of Succession under Hindu Law, Succession to Hindu Male, Succession to Hindu Female, Disqualified Heirs, Stridhan and Section 14 of Hindu Succession Act.
Parentage and Legitimacy: Brief Study of Section 112 of Indian Evidence Act, Legitimacy- Legal Status of Children Born of Void, Voidable Marriage under Hindu Law.
Unit V Family Courts: Object of the Family Courts Act, 1984, Powers, Functions, Jurisdiction and Critical Evaluation of Family Courts in India Uniform Civil Code: Uniform Civil Code, Implications, Efforts of Judiciary and Indian Legislature.
Learning Outcomes:
Upon completion of the course student will be able to:
✓ Understand the vast discipline of Hindu Law and
✓ Understand the significance of Hindu Law and other Personal other personal Laws Laws.
✓ Get insight into various concepts of Hindu Law and which
will help in shaping their career as Judges, Lawyers, Academicians and Jurist.
Suggested E-Learning Resources (ER):
1. Kumari, V. (2014). Juvenile Justice Bill 2014 – A Regressive Step. Journal of the Indian Law Institute, 56(3), 303-319. Retrieved from http://www.jstor.org/stable/43953712 2. Mathew, D. (2014). Arriving At A Settlement Under Family Courts Act, 1984: Deconstructing The Role Of The Judge Of The Family Court And Counselor. Journal of the Indian Law Institute, 56(3), 376-385. Retrieved from http://www.jstor.org/stable/43953715 3. A Critique of Family Courts in India. Retrieved from http://shodhganga.ac.in/bitstream/10603/16663/0/1/10_chapter3.pdf.
Suggested Readings (SR):
1. Kusum. (2015). Family Law-I (4th ed.). Gurgaon: LexisNexis.
2. Saxena, Poonam Pradhan. (2021). Family Law-I (1st ed.). Gurgaon: LexisNexis 3. Saxena, Poonam Pradhan. (2022). Family Law-II (5th ed.). Gurgaon: LexisNexis. 4. Kesari, U.P.D. (2023). Modern Hindu Law (13th ed.). Allahabad: Central Law Publications. 5. Diwan, Paras. (2023). Modern Hindu law (26th ed.). Faridabad: Allahabad Law Agency. 6. Malik, Sumeet. (2016). B.M Gandhi’s Hindu Law (4th ed.). Lucknow: Eastern Book Company 7. Pillai, K.N. Chandrashekharan. (2017). R. V Kelkar Lectures on Criminal Procedure Code (6th ed.). Lucknow: Eastern Book Company. 8. Thakker ‘Takwani’, C. K., Thakker, M.C. (2014). Criminal Procedure (4th ed.). Gurgaon: LexisNexis. 9. Singh, Avtar (2018). Principles of The Law of Evidence (23rd ed.). Allahabad: Central Law Publications. 10. Ahmad, Aqil. (2016). Mohammedan Law (26th ed.). Allahabad: Central Law Agency 11. Mishra Rangnath, Chauhan B.S., Kumar Vijender. (2014). Mayne’s Treatise on Hindu Law & Usage (17th ed.) New Delhi: Bharat Law House. 12. Nagpal, R.C. (2008). Modern Hindu Law (2nd ed.). Lucknow: Eastern Book Company. 13. Desai, Satyajit A. (2018). Mulla’s Hindu Law (23rd ed., Vols. 1-2) Gurgaon: LexisNexis. 14. The Bhartiya Nagrik Suraksha Sanhita, 2023
Innovative approach: Use of illustrations involving students during interactive session with students on regular basis.
COURSE PLAN
No. of sessions = 60, No. of contact hours = 60 hrs.
Unit 1
Learning Objectives:
i. To understand the various fundamental concepts of Hindu Law.
ii. To understand the concept of marriage under Hindu Law. iii. To understand the concept of Joint Hindu Family. iv. To understand the concept of Religious and Charitable Endowment.
Lecture Topics to be Covered Text Book
No. Ref. Book
1-3 Sources of Hindu Law SR2,3,4,5,10,11,12
4-5 Application of Hindu Law SR 3,4,5,10,11,12
6-7 Nature & Origin of Hindu Law SR 3,4,5
8-11 Schools of Hindu Law SR 2,3,4,5,11,12
12-13 Migration & Change of Religion SR 3,4,5,10
14 Migration & Change of Religion SR 3,4,5,10
15-19 Concept of Marriage SR 1,3,4,5,10,11,12
20-22 Joint Hindu Family: Concept SR 2,3,4,5,10,11,12
23 Karta: Concept SR 1,3,4,5,10,12
24-28 Religious & Charitable Endowment SR 3,4,5,10,11,12
29-32 Law of Partition: Concept and Kinds SR 2,3,4,5,10,11,12
Unit - 2
Learning Objectives:
i. To understand the implications Dowry Prohibition Act 1961.
ii. To understand various matrimonial reliefs available under personal laws. iii. To understand the concept of divorce.
33-34 Dowry& Dowry Prohibition Act 1961: Effects of Demand SR 4
and Payment of Dowry
35-39 Matrimonial Reliefs SR1,3,4,5,10,11,12
41- 42 Theories of Divorce, Grounds of Divorce SR 1,3,4,5,11,12
Unit - 3
Learning Objectives: i. To understand the concept of maintenance. ii. To understand the concept guardianship, adoption and surrogacy. 43-44 Provisions Regarding Maintenance SR1,3,4,5,6,7,11
45-47 Laws of Guardianship, Type of Guardian SR1,3,4,5,10,11,12
48-49 Adoption: Concept & Surrogacy SR 1,3,4,5,10,11,12
Unit - 4
Learning Objectives:
i. To understand concept and provisions regarding testamentary and intestate succession.
ii. To understand the concept of parentage and legitimacy.
i. To understand the concept of Family Courts in India and its critical evaluation. ii. To understand the concept of Uniform Civil Code and efforts made in this regard.
54-56 Family Courts: Concept and Critical Evaluation ER 2,3
57 Uniform Civil Code: Concept & Efforts Study Material
58-60 Discussion on Important Case Laws SR1,3,4,5,10,11,12
