semester 1

FAMILY LAW

INTRODUCTION: HINDU LAW

  1. Who are Hindus
  2. Sources of Hindu Law
  3. Sapinda relationship and degrees of prohibited relationship

CONCEPT AND VALIDITY OF HINDU MARRIAGE

  1. Concept of marriage: Sacrament or Contract
  2. Forms and Ceremonies of Marriage
  3. The validity of Hindu Marriage

Bigamy

Child Marriage

Prohibition of Child Marriage Act,2006

  1. Presumption of Marriage

VOID AND VOIDABLE MARRIAGES

  1. Void Marriages
  2. Voidable Marriages

Distinction Between Void Voidable And Invalid Marriages

Impotency

Incapacity to Consent and Mental Disorder

Fraud and Force

Pre-Marriage Pregnancy

RESTITUTION OF CONJUGAL RIGHTS

  1. Restitution of conjugal rights
  2. Effect of Non- compliance of Decree of Restitution
  3. Right To Set up Matrimonial Home

JUDICIAL SEPARATION AND DIVORCE

  1. Judicial Separation
  2. Divorce Theories
  3. Divorce Grounds
  • Adultery
  • Cruelty
  • Desertion
  • Insanity
  • Other Fault Grounds
  • Irretrievable Breakdown Ground of Divorce
  1. Wife,s Special Grounds of Divorce.
  2. Bars To Remarriage and Matrimonial relief
  3. Reconciliation By Courts
  4. Jurisdiction of Courts, Procedure And Incidental Matters
  5. Irretrievable Breakdown Grounds [sec.13(A)]
  6. Divorce By Mutual Consent
  7. Customary Divorce

REGISTRATION OF MARRIAGES

CHILDREN OF VOID AND VOIDABLE MARRIAGES

The legitimacy of Children Born From Presumed Marriage

(Children of Live-in Relationship)

HINDU LAW OF ADOPTION

  1. Application of H.A.M.A.1956
  2. Effects of Adoption
  3. Proof of Adoption
  4. Inter-Country Adoption
  5. Adoption Under Juvenile justice act,2000

HINDU LAW OF MAINTENANCE

1.Provision under the Hindu Marriage Act,1995

  1. Provision under the CR.PC.. 1973

3.Provision under the H.A.M. Act, 1956

  1. Concept of palimony

[Maintainance to the wife of live-in relationship]

5.Distinction between Sec 18, HAMA,sec.25,HMA

And Sec.125,CR.PC.

HINDU LAW OF GUARDIANSHIP AND CUSTODY-

  1. Guardianship under the Hindu Minority And

Guardianship Act, 1956

Natural Guardians

Testamentary Guardians

Guardians Appointed By The court

De Facto Guardians

Guardians By Affinity

MUSLIM LAW; SOURCES AND MARRIAGE-

  1. Muslim Law; Sources and Schools
  2. Nature of Muslim Marriage
  3. Essentials of Muslim Marriage
  4. Capacity for Marriage
  5. Bars to Muslim Marriage
  6. Classification of Muslim Marriage
  7. Muta Marriage
  8. The distinction between Sunni and Shia Law OF marriage
  9. Dower

MUSLIM LAW OF DIVORCE

  1. Essential of Talak
  2. Modes of talak
  • Express divorce
  • Delegated Divorce
  • Implied and Contingent Divorce
  • Delegated divorce
  • Constructive Divorce
  • Divorce at Wife, s instance (KHULA)
  • Divorce By Mutual Consent
  1. The distinction between Sunni and shia law of divorce
  2. The Dissolution of Muslim Marriages act.,1939
  3. Breakdown Grounds under Muslim Law
  4. Divorce By Mutual consent under Muslim law
  5. Effects of Divorce
  6. Triple Talak
  7. The option of puberty; Repudiation of marriage
  8. Restitution of Conjugal Rights
  9. Conversion

MUSLIM LAW OF MAINTENANCE

1.Maintenance to Muslim wife

2.Divorced wife,s right to Maintenance; Muslim women

3.Maintenance To Muslim Children

 PARENTAGE; LEGITIMACY $ ACKNOWLEDGEMENT

  1. Presumption of legitimacy
  2. Acknowledgment of Paternity
  3. Adoption not recognized in Muslim Law
  4. Adoption v acknowledgment

 WAKFS AND OTHER RELIGIOUS INSTITUTION

1Wakfs and its creation

2.Essentials of a valid wakf under hanafi law

3.Essential of a valid wakf under shia law

  1. The distinction between shia and Sunni law of wakf
  2. The statutory provision relating to wakf
  3. Manager of a wakf; Mutawal
  4. Distinction between wakf and sadaquah
  5. 8.other Religious institution and officers