NIRMA UNIVERSITY

Institute of Law
B.A.,LL.B.(Hons.), B.Com.LL.B.(Hons.) Programmes
Academic Year 2017-18
Semester V

L T P C
4 - - 4
Course Code 2BL517
Course Title Family Law I

Course Learning Outcomes:

At the end of the course, students will be able to:
1. Understand the main legal elements of family law and practice which govern
family relationships.
2. Analyse provisions of various personal laws on the matters related to marriage
and divorce
3. Evaluate the modern jurisprudence of family laws & related matters & role of
customary laws in protecting the family ties.

Syllabus: Teaching Hours: 60

Unit 1: Introduction to Family Law 04 Hours

1.1 Origin and sources of Personal Law

Unit 2: Marriages under various Personal Laws 10 Hours

2.1 Definition and concept of marriage
2.2 Essentials of various marriage in various personal laws
2.3 Registration of Marriage
2.4 Void and voidable marriages

Unit 3: Matrimonial Remedies and Bar to Matrimonial Remedies

 16 Hours
3.1 Matrimonial Remedies
3.1.1 Restitution of Conjugal Rights
3.1.2 Nullity of marriage and & option of puberty
3.1.3 Judicial Separation
3.1.4 Concept of Divorce
3.1.5 Theories of Divorce
3.1.6 Non-Judicial Remedies- Unilateral, Customary
3.1.7 Extra Judicial Remedies
3.1.8 Judicial Remedies: grounds of Divorce: Adultery, Cruelty etc.
3.1.9 Mutual Consent
3.2 Bar to Matrimonial Remedies
3.2.1 Introduction to the concept of bar of matrimonial remedies
3.2.2 Doctrine of Strict Proof
3.2.3 Undue delay, accessory, condonation etc. and their effects on the
Matrimonial cases

Unit 4: Alimony and Maintenance 10 Hours

4.1 Maintenance of neglected wives, divorced wives, minor children, disabled
4.2 Children and parents who are unable to support themselves: Provisions.
under the code of Criminal Procedure 1973
4.3 Alimony and maintenance as an independent remedy: a review of under
different personal laws
4.4. Alimony and maintenance as an ancillary relief
4.5 Maintenance of divorced Muslim woman under the Muslim Women
(Protection of Rights of Divorce) Act, 1986
Unit 5: Parentage and Legitimacy 10 Hours
5.1 Introduction to the concept of Parentage and Legitimacy
5.2 The various issues related to concept of Parentage and Legitimacy across
all personal laws
5.3 New Challenges to parentage and Legitimacy
5.3.1. Surrogacy
5.3.2 Live -in relationship
Unit 6: Adoption and Guardianship 10 Hours
6.1 Concept of Adoption and Guardianship
6.2 Legal Aspects and requirements in personal laws of Adoption
6.3 Legal Aspects and requirements in personal laws of Guardianship

Suggested Readings
1. Flavia Agnes, Marriage, Divorce and Matrimonial Litigations, Oxford
Publications (2011).
2. Dr. Rega Surya Rao, Lectures on Family Laws in India ( Hindu, Muslims and
other Personal Laws) (2nd Edition), Asia Law House, Hyderabad, (2012).
3. Kusum, Cases and Materials on Family Law (2nd Edition), Universal Law
Publishing Co. (2010)
4. Archana Parashar (ed.) & Amita Dhanda (ed.), Redefining Family Law in India,
Routledge Publications (2008).
5. Kusum, Family Law Lectures: Family Law I, Lexis Nexis Butterworths, New
Delhi (2008).
6. Dr. Paras Diwan, Family Law, Allahabad Law Agency (2014).
7. B.M. Gandhi, Family Law: Volume I, Eastern Book Company, Lucknow (2012)
8. Sumeet Malik, Family Law Manual, Eastern Book Company (2012).