Family Law Syllabus Final PDF

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Name of the Subject: FAMILY LAW I Year: 2019

Semester IVth

By: Animesh Jha (Assistant Professor of Family Law) Varsha Gumashta (Research cum Teaching Assistant) Objective of the Course The basic fundamental purpose of law is nothing but to establish order in the society and to reduce the conflict and friction. To achieve this purpose, a conflict resolution system must be developed and that too starting from the smallest unit of the society that is family. The laws governing Family holds a very special place in the legal system as the jurisprudence behind the institution of family predates all the legal or political systems. Family law essentially deals with the Laws related to Marriage, Adoption, Succession, Guardianship and Maintenance. India being a secular country with diverse religions protects the individual freedom to profess a religion as constitutional guarantee. Indian community comprises of different religions such as Hinduism, Islam, and Christianity etc. In personal matters every Indian is governed by his personal law. There is nothing like uniform law in personal matters like marriage, divorce, adoption, succession etc. these matters are governed by the personal law of the parties. The present course will also be dealing with the most unique system of collective ownership, that is Joint Hindu Family. The present course aims towards developing an understanding in students towards the nature, basis and changing dimensions of Family Law. Beginning from the ancient period of Divine texts to the Modern codified Laws and precedents, this course takes the students on a journey which will allow them to have a better insight in not only law but also History, Philosophy, Religion and in essence, Human Evolution.

Module I:

Introduction to Family Law

(10 Lectures)

1. Meaning and Characteristics of Family and Emerging Trends in Family. 2. Nature and Characteristics of Personal Laws. 3. Sources and Schools of Hindu Law.

4. Sources and Schools of Muslim Law. 5. Uniform Civil Code.

Module II :

Marriage Laws (16 Lectures)

1. Hindu Marriages: Concept, Capacity and Ceremonies. 2. Void and Voidable Marriages under Hindu Law. 3. Muslim Marriage: Concept, Capacity and Essentials. 4. Classification of Mehr and Types of Marriages in Muslim Law. 5. Special Marriage Act. Module III -: Matrimonial Causes (12 Lectures) 1. Judicial Separation and Restitution of Conjugal Rights. 2. Dissolution of Hindu Marriage: Fault Theory of Divorce. 3. Consent and Breakdown Theory of Divorce. 4. Dissolution of Muslim Marriage and Concept of Iddat. 5. Triple Talaq Controversy, Role of Mediation in family disputes and Indian Divorce Act. Module IV -: Maintenance and Adoption (6 Lectures) 1. Maintenance under Hindu Law 2. Maintenance under Muslim Law 3. Maintenance under Code of Criminal Procedure. 4. Adoption under Hindu Law. 5. Adoption under Guardianship and Wards Act. Module V -: Guardianship and Recent Trends in Family Law. (6 Lectures) 1. Guardianship under Hindu Law 2. Guardianship under Muslim Law and Concept of Hijanat. 3. Legal implications of Surrogacy and IVF. 4. Live in Relationship and Same Sex Marriage. 5. Personal Laws of Christian, Parsi and Jews.

Learning Outcomes The Present Course is aimed towards attaining the following objectives: i) The first module aims towards developing an interest towards the study of the institution of Family and to understand its Sociological, anthropological and religious importance and further aims towards inculcating the knowledge of Basics of Family law and to understand its transition from ancient to modern laws. It will also emphasis upon the question as to why there are different personal law and the importance of Uniform Civil Code . Further the students will be able to analyze the Sources and Schools of Hindu and Muslim law, the basis of different sects and its impact on the law. We will understand the various jurisprudence that are available in divine texts. ii) By completion of Second module, the students will able to analyze and critically understand the concept of marriage and relate it to the changing nature of marriage as is witnessed today. We will also study about the custom, tradition, capacity of marriage and impact of its validity on various aspects of Family life. iii) By completion of third module, the students will understand the matrimonial causes, the recent judicial developments in this regard. Students will have updated knowledge regarding Dissolution of marriage, restitution, separation and breakdown. This module will also deal with the role of mediation and conciliation in preservation of institution of marriage and thus family. iv) In the sixth module, the students will understand the obligation part of marriage. It will deal with the laws related to the maintenance and adoption, the statutory framework and the judicial analysis of the same. This module will also analyze the debate over the reforms in Muslim personal law in light of Shah Bano Judgment and the controversy arising out of the same. The module will help students analyze it from sociological perspective thereby understanding the importance adoption law has in the development of child. v) By the completion of fifth module, the students will understand the concept of Guardianship and not only in the context of Marriage but in all other civil, criminal and contractual obligations, in both Hindu and Muslim Law. It will also delve into the aspects with legitimacy and guardianship in context of illegitimate child. The students will know all

about the secular laws related to marriage and the intricacies of inter religious and inter caste marriages; this module will also give a brief summary of Christian, Jew and Parsi Laws. The students will critically analyze the recent and trending issues related to Family law like Surrogacy, IVF and the Homosexuality.

Readings: 1. Paras Diwan, Modern Hindu Law, Allahabad Law Agency, 1993 2. Mulla, Principles of Hindu Law, Lexis Nexis, 2007 3. Hidayatullah : Mulla Principles of Mohammadan Law, (4th reprint), N.M. Tripathi Private Limited, Bombay. 4. Poonam Pradhan Saxena, Family Law Lectures- Family law II, (2nd edn, 2007), Lexis Nexis Butterworths. Additional References 1. Afzal Qutb, A Treatise on Faith Oriented Family Norms, 1990. 2. Kusum, Marriage and Divorce Law Manual, Universal Law Publishing Co. Pvt. Ltd.,2000. 3. B.M. Gandhi, Family Law, Eastern Book Company, 2012 . 4. Tahir Mahmood, The Muslim Law of India, Law Book Company, 1980. 5. Paras Diwan – Family Law, Allahabad Law Agency, 2001. 6. Dr. M.Afzal Wani, Islamic Law on Maintenance of Women, Children and Other Relatives, 1996. 7. Flavia Agnes, Marriage, Family Law I & II, OUP. 8. Tyabji , N.M Tripathi Publications, N. Delhi. 9. Mohammedan Law, Dr.Mohammed Nazmi Central Law Agency. 10. Marriage and Family Law Reforms in India, Archana Parasher Sage Publications.

11. Maine’s Treatise on Hindu Law and Usage, Bharat Law House, Delhi. 12. Vasudha, Towards Uniforms Civil Code, ILI, Delhi. 13. Archana Parasher Marriage and Family Law Reforms in India, Archana Parasher Sage Publications.

Leading Cases 1. Dr. Surajmani Stella Kujur v. Durga Charan Hansdah, AIR 2001 SC 938 2. S. Nagalingam v. Sivagami (2001) 7 SCC 487 3. Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564 4. Lily Thomas v. Union of India, AIR 2000 SC 1650 5. Pinninti Venkataramana v. State, AIR 1977 AP 43 6. Asha Qureshi v. Afaq Qureshi, AIR 2002 MP 263 7. Court On Its Own Motion Lajja ... vs State, 2012 (193) DLT 61 8. Suggested Reading: Article by Prof. Usha Tandon UNDER-AGE MARRIAGE IN PLURALIST ASIA 9. P. v. K., AIR 1982 Bom. 400 10. Babui Panmato Kuer v. Ram Agya Singh, AIR 1968 Pat. 190 11. Seema v. Ashwani Kumar (2006) 2 SCC 578 12. Kailashwati v. Ayudhia Parkash, 1977 C.L.J. 109 (P.& H.) 13. Swaraj Garg v. K.M. Garg, AIR 1978 Del. 296 14. Saroj Rani v. Sudarshan Kumar, AIR 1984 SC 1562 15. N.G. Dastane v. S. Dastane, AIR 1975 SC 1534 16. Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253 17. Bipinchandra Jaisinghbai Shah v. Prabhavati, AIR 1957 SC 176 18. Dharmendra Kumar v. Usha Kumar, AIR 1977 SC 2213 19. T. Srinivasan v. T. Varalakshmi, 1 (1991) DMC 20 (Mad.) 20. Hirachand Srinivas Managaonkar v. Sunanda, AIR 2001 SC 1285 21. Sureshta Devi v. Om Prakash, 1 (1991) DMC 313 (SC) 22. Amar Kanta Sen v. Sovana Sen, AIR 1960 Cal. 438 23. D.Velusamy vs D.Patchaiammal on 21 October, (2010) 10 SCC 469

24. Badshah vs Sou. Urmila Badshah Godse & Anr(2014)1SCC188 25. Padmja Sharma v. Ratan Lal Sharma, AIR 2000 SC 1398 26. Brijendra v. State of M.P., AIR 2008 SC 1058 27. In Re: Adoption of Payal at Sharinee Vinay Pathak and his wife Sonika Sahay Pathak, 2010 (1) Bom CR 434 28. Mt. Ghulam Kubra Bibi v. Mohd. Shafi Mohd. Din, AIR 1940 Pesh. 2 29. Chand Patel v. Bismillah Begum, 1 (2008) DMC 588 (SC) 30. Saiyid Rashid Ahmad v. Mt. Anisa Khatun, AIR 1932 PC 25 31. Shamim Ara v. State of U.P., 2002 Cr LJ 4726 (SC) 32. Masroor Ahmed v. Delhi (NCT) 2008 (103) DRJ 137 (Del.) 33. Ghulam Sakina v. Falak Sher Allah Baksh, AIR 1950 Lah. 45 A. Yousuf Rawther v. Sowramma, AIR 1971 Ker. 261 34. Itwari v. Asghari, AIR 1960 All. 684 35. Danial Latifi v. Union of India (2001) 7 SCC 740 36. Noor Saba Khatoon v. Mohd. Quasim, AIR 1997 SC 3280 37. Shayara Bano v. Union of India (2017) 9 SCC 1...