FAMILY LAW -I

Paras Devan- book (refer to course outline)

Family law- I deal with marriage, divorce, alimony, dissolution, guardianship, etc.

HINDU MUSLIM CHRISTIANS PARSI PORT

CIVIL
CODE
CONCEPT
AGE
GROUND
REGISTRED
MARRIAGES

WHAT IS FAMILY?
People are related to each other by blood, they have common property, and they have a
relationship.
S11 HM Act conjugal rights of the partners. This means that both of them have to live
together in the same house.
Family law – defines family in the general sense means everyone who descends from a
common origin, that is to say, common blood relations, which includes the husbands and
widows of such persons and their children/ siblings. There are more complex concepts of
both the nuclear and joint or extended families. However, the constitituion of india has no
specific provision in the describing the role and place of the family in society.

Family law imp common origin and common blood relations.

Law has evolved. Previously the law allowed only married couple to live togther but now the
coupl need not be married they can live togther.
Reasoning: as it doesn’t cause harm to the society at large then they can do the same.
Marriage give rights and duties to the parties.
Girls cannot get ownership of the property owned by the husband. Husband doesn’t have the
right over wife’s property.
There is monogamy for the woman and not for the husband. I need to know if the child is my
legitimate child. So that the child can inherit the property of the father.
Marriage: we will all die so to leave a legacy we have marriage. Legacy is child, and child
comes from woman and to have a society-recognised child, we have marriage.
The British non-interference in the religious policy
Problem :
 Diversity: language (Sanskrit/ Arabic)
 Reference: scholar (pandits and maulvis)
 Law, ethics, morality
Aaryan invasion: read about it. Initially, they used to marry among themselves only. But later,
they started marrying indigenous women in order to gain land and spread their community.
Marriage played a role in gaining political-economic power, too.
Non intervention
Development of personal laws among the hindus and the muslims. Efforts were made for the
codification of personal laws. Adoption and application were done . All this lasted till 1947.
Muslim and parsis personal laws were codified however, hindu personal laws was not.
Code of gentoo law (1776)
Sources of family laws in India for Hindu, Muslims, Christians and Parsis
The Hindu Marriage Act, 1955
Laws for Muslim
Indian Christian Marriage Act of 1872
The Parsis Marriage and Divorce Act, 1936
The Special Marriage Act

Shayara Bano v India case:

Muslim personal law
We follow sharia law for muslims in india. Mostly the practices have been customary and
traditional. But also includes judicial pronouncements.
Case: Vishwa lochan madan v. union of india and ors: it is upon the complainit to decide
whether they want to follow the fatwa or the judgement. Fatwa has not enforceable
mechanism since they are not originated from the comptetent authority. Fatwa don’t have the
power to adjudicate.

Sources of Muslim law:

Written by scholars and memorise the teaching of the prophet and was written in the book.
 Shahih al bukhari
 Sahi muslim
 Sunan an nasal
 Sunan abi Dawud
 Jani al tamidhi
 Musnad ahmed
 Sunan al daimi
Least number of verses has been 3
Highest number of verses has been 97
Four school of muslim law
Difference between sunni and Shia

Conditions of valid marriage

Factors:
 Age
 Consent
 Monogamy
 Dower
 Impediments
 adultery