COURSE CURRICULUM AFTER INCORPORATING SUGGESTIONS OF AAB

Course Title: Family Law I

L T P/S SW/F TOTAL
W CREDIT
Course Code: LAW 202 UNITS
Credit Units: 04 4 0 0 0 4

Course Objectives:
 Family Law I is the study of Sources of Hindu and Muslim Law, along with Marriage, Divorce guardianship and adoption Laws.
 To find out the legal incidence of e personal laws of Hindus and Muslims shall be discussed in depth
 To create insights amongst the students who develop visions and perceptions that may promote loud thinking on a Uniform Civil Code recent family
trends and judicial activism in that regard.
Pre-requisites: NIL.

Student Learning Outcomes:

 Analyse internal and external factors Sources of Hindu and Muslim Law
 Appraise theories of Marriage and Divorce Under Various Personal Laws
 Examine the political, economic, social, and legal issues of Guardianship and adoption.
 Recognize the role and importance of Recent trends in family Law

Course Contents/Syllabus:
Weightage (%)
Module I : Module I: Sources and Schools of Law 10%
Sources of Hindu Law: Ancient sources : Shruti, Smriti, Digest & Commentaries, and Customs.; Modern sources:
Equity, Justice, and good conscience, Precedent and Legislation; Schools of Hindu Law: Mitakshara and Dayabhag
Schools. Sub – schools of Mitakshara; Sources of Muslim Law: Ancient Sources: The Koran, The Sunna (Practice of
Prophet), Ijma (Consensus of opinion) and Qyias (Analogical deduction), Modern sources – Equity, Justice and good
conscience, Precedent and Legislation; Schools of Muslim Law: Sunni School of Muslim Law, Shia School of Muslim
Law.

Module II: Marriage 20%

Hindu Marriage:Nature and concept of Hindu Marriage, Essential conditions of a Hindu Marriage, consequences for
violating these conditions and ceremonies of marriage ; Muslim Marriage:Nature and concepts of Muslim Marriage,
Essential conditions of a valid marriage, prohibitions / disabilities, classification of marriage and effects of valid,
irregular, void marriage; Dower: Definition and nature, classification of dower, endorsement of dower including
widow’s right of retention

Module III: Matrimonial Remedies 20%

Non - judicial resolution of marital conflict problems: Customary dissolution of marriage unilateral divorce, divorce by
mutual consent and other modes of dissolution, Divorce under Muslim personal Law – Talaq and Talaq-e-Tafweez ;
Judicial resolution of marital conflict problems, a general perspective of matrimonial fault theory and principle of
irretrievable breakdown of marriage; Nullity of marriage; Option of puberty ;Restitution of conjugal rights ;Judicial
separation. ; Grounds for divorce under Muslim Law; Bars to matrimonial relief under Hindu Law; Grounds for
Divorce under Indian Dissolution of Muslim Marriage Act 1939.
15%

Module IV: Alimony, maintenance and Adoption

 Maintenance of neglected wives, divorced wives, minor children, disabled children and parents who
are unable to support themselves vide sections 125, 127 of Code of Criminal Procedure, 1973;Alimony
and maintenance as an independent remedy, a review under different personal laws ;Alimony and
maintenance as ancillary relief, alimony Pendente Lite and permanent maintenance ;Maintenance of
Divorced Muslim Women under the Muslim Women Protection of Right on Divorce Act, 1986; A
Critical review; Hindu Adoption and Maintenance Act, 1956.

Module V: Guardianship 15%

Hindu Minority and Guardianship Act, 1956: Meaning of Guardianship, Kinds of Guardianship,
Rights, obligations and disqualification of guardian, Guardianship under Muslim Law, Entitlement to
guardianship, Rights, obligations and disqualification of a guardian.

Module VI: Emerging Trends in Family Law 20%

Family Courts; Establishment, Powers and functions; Uniform Civil Code; Constitutional Mandate; Role of the State;
Impediments to the formulation of the Uniform Civil Code; Conversions and its effects on family; Marriage, Adoption,
Guardianship succession.

Pedagogy for Course Delivery:

The class will be taught using theory and case based method. In addition to assigning the case studies, the course instructor will spend considerable time in
understanding the concept of innovation through the eyes of the consumer. The instructor will cover the ways to think innovatively liberally using thinking
techniques.

Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) End Term Examination

30% NOT APPLIACBLE

100
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term
Examination
Components (Drop Project & Viva Class Test Internship Attendance
down)

Weightage (%) 10% 10% 5% 5% 70%

Text and References:

 Introduction to Muslim Law : Tahir mahmood

 Hindu Law Marriage and Divorce: Sukhdev Singh
 Laws of India on Religion and religious affairs: Tahir Mahmood
 Modern Indian Family Law : Werner Menski
 Cases and materials on family law : K Kusum
 Family law: law of marriage and divorce in India :Paras Diwan
 Modern Hindu law : U.P.D. Kesari
 Textbook on Muslim Law : Rakesh Kumar Singh