1st Semester LLB Unitary - Family Law I - Notes, Question Papers and Syllabus
Family Law I
The subject shall be taught by incorporating the recent developments.
Unit I
Marriage and Kinship – Evolution and Importance of Marriage and Family – Role of Religion – Impact of Customs on Marriage and Family – Definition of Hindu, Muslim, Christian – Sources of Hindu Law, Muslim Law, and Christian Law
Unit II
Concept of Marriage – Essential Conditions of a Valid Hindu Marriage Under Hindu Marriage Act – Distinction Between Valid, Void and Voidable Marriages – Legal Consequences of a Valid Marriage – Essential Requirements of a Valid Muslim Marriage – Option of Puberty – Legal Effects of a Minor’s Marriage – Essential Conditions of a Valid Christian Marriage – Kinds of Marriages Under Hindu and Muslim Systems – Dowry and Dower as Applicable to Hindus, Muslims and Christians
Unit III
Matrimonial Remedies – Annulment – Restitution of Conjugal Rights – Judicial Separation – Divorce – Theories of Divorce: Fault/Guilt Theory, Consent Theory, Irretrievable Breakdown of Marriage – Conditions for Grant of Matrimonial Remedies Under Hindu Marriage Act and Indian Divorce Act – Matrimonial Remedies for Muslims (Talaq, Ila, Zihar, Tafweez, Khula, Mubaarak) – Talaq: Different Kinds, Delegated Talaq – Divorce Under Shariat Act – Judicial and Extrajudicial Methods of Divorce – Significance of Dissolution of Muslim Marriages Act – Divorce by Mutual Consent – Matrimonial Relief Under Special Marriage Act
Unit IV
Child and Family – Legitimacy – Adoption – Custody and Maintenance of Child – Guardianship of the Child – Child Marriage and Legal Provisions Prohibiting Child Marriage
Unit V
Recent Developments – Family Court: Composition, Powers and Functions – Dowry and Dowry Prohibition Act – Need for Uniform Civil Code – Article 44 of the Constitution of India – Compulsory Registration of Marriage
Suggested Readings
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Mulla – Principles of Hindu Law
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Paras Diwan – Hindu Law
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Mulla – Mohammedan Law
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Tahir Mohamed – Muslim Law in India
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Sebastian Champappally – Christian Law
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E.D. Devadasan – Handbook of Christian Law
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A.A.A. Fyzee – Outlines of Mohammedan Law