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Course Curriculum After Incorporating Suggestions of Aab Course Title: Family Law I
Course Curriculum After Incorporating Suggestions of Aab Course Title: Family Law I
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.
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.
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
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%
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.
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.
Examination Scheme: