B.A. LLB & B.B.A.

LLB

Subject Name Family Law-1

Subject Credit 4

Subject Code CLAW 207

Family is the basic unit of any society. It is the institution of family which
ensures the continuation of a community and helps preserve its values and
customs. Indian society, being a diverse one, is home to people who follow
different religions and have diverse customs and traditions for regulating
their private affairs. Thus, Indian family laws vary according to different
religions and come under the head of personal laws. Consequently, there is
a different law regulating the affairs of family and marriage for Hindus,
Muslims, Christians, Parsis and Jews.
The current course, Family Law-1, concentrates specifically on Hindu
Family Laws; and deals with basic concepts relating to Hindu family such
as Marriage, Adoption, Divorce, Maintenance and Succession. Laws
Summary/ regulating family relations are not the sole product of state-made laws but
Overview they also include the customary rules and usages. The course focuses on the
study of Hindu family law starting from its origin, sources, the process of
codification, the existing legal provisions and the role of judiciary in
changing the out-dated gender biased law as and when the need arises.
There is no doubt that the concept of family has undergone a radical change
and is no more limited to the confines of a traditional homogeneous
marriage. Legal recognition to other form of partnerships such as live-in
relationships, same-sex and inter-caste marriages are reflective of the socio-
cultural changes that are taking place around us. The age-old gender biased
family laws are now being constantly challenged in the courts of law. Thus,
it is imperative to study the contemporary social changes and identify the
problems arising from the foundational inequalities present in family law
concepts.

The main objective of this course is to create complete understanding about

the basic concepts relating to Hindu family law such as sources of Hindu
Aims Law, Marriage, Adoption, Divorce, Maintenance and Succession. The
course aims to provide students with a basic understanding of the
complexities encountered when formal laws given in statutes and codes
 interact with the customary rules in the sphere of family affairs. The course
aims to enable the students to understand the concept of family with
reference to historical and sociological process and to be able to analyse the
existing Hindu family laws in the light of contemporary concerns.

Instructor

Office Hours

Core Learning Outcomes

Learning Outcomes Assessment Criteria
Sl.
On completion of this Unit you To achieve the learning outcome you must
No.
should be able to: demonstrate the ability to:
Understand the concept of personal Explain the process of origin and development of
1 laws and the development of Hindu Hindu Law and its interaction with contemporary
law as per existing social situations. social changes.
Describe the sources from which Explain the ancient and modern sources of Hindu
2
Hindu law has originated and evolved. law.
Explain the two schools of Hindu Law Describe the Mitakshara and Dayabhaga schools of
3
and their different origins. law and recognize their points of difference.
Understand the concept of joint Hindu
Describe the unique concept of joint Hindu family
family, the power and authority of
4 property and the persons who have a right to claim
Karta, coparcenary system and the
their share in such property as coparceners.
concept of partition.
Explain the nature of Hindu marriage Describe and discuss the changing nature of Hindu
and the law relating to marriage and marriage from sacrament to contract and identify
5
divorce as given in Hindu Marriage the essential legal requirements for marriage and
Act, 1955. various grounds of divorce.

Understand the general principles of Explain and demonstrate the knowledge of general
6 intestate succession under Hindu rules regulating the devolution of property in case
Succession Act, 1956. of Hindu male or female dying intestate.

Explain the legal requirements of Describe and discuss the various requisites for a
adoption by Hindus and the rules for valid adoption and its effects. Further, explain and
7
claiming maintenance under Hindu analyze the rules relating to maintenance
Adoption and Maintenance Act, 1956. specifically in light of divorce proceedings.
 Understand the legal provisions
regulating the relationship between Describe the legal rules and identify the powers of
8
guardians and wards under Hindu natural and de facto guardians.
Minority and Guardianship Act, 1956.
Understand the structure, jurisdiction
Describe and discuss the application of Hindu
9 and procedure of Family Courts under
family laws in Family Courts.
Family Courts Act, 1984.

The course is offered for Four credits (4) which comprises 48 teaching
session as per the norms of the Bar Council of India. Each session will be
of duration of One Hour. The Class will meet regularly as per the
prescribed schedule fixed by the ASOL Dean’s office. The teaching
method will consist of formal lectures, case study analysis, group
discussions and power-point presentations. Students will be provided
with reading materials from time to time and are expected to be prepared
Approach to Learning
for discussions on the assigned dates. The students are expected to be
more participative in the class. Credits are allocated to your class
presentation and discussion. To facilitate the discussion, the concerned
instructor or lecturer initiate the discussion and students will have to
participate and contribute to the discussion. Before the end of each Unit,
the instructor will give summary of topic and answer the questions raised
by the students during their discussion.

Assessment of this course is divided between the following components:

1. Written Examination
2. Class Test
3. Written Project
4. Presentation and Viva

1. Written Examination: Written examination component is

further divided into two parts which consist of Mid Semester
Examination (MSE) which will be held during the semester and
Semester End Examination (SEE). The instructor will provide
Assessment Strategy tips and techniques to write thematic and problem-based answers
during the class.

2. Class Test: Class test consists of 5 Marks of the total marks,

which is generally conducted during 4th or 5th week of teaching.
Exact dates will be informed by the teacher. Modalities of the
class test can be discussed and agreed with the class.

3. Written Project: During the second week of teaching, the

teacher will assign a title of the research project in consultation
 with specific student. Each student in the class is required to
submit the full research paper of not less than 4000 words (which
carries 15 percent of the total grade). Students are requested to
submit their projects on the dates as provided in the academic
calendar. Penalties will be imposed to the late submission. If any
student is interested to work on their own topic chosen by them,
they are encouraged to do so, however, they have to get prior
approval from the class teacher. The project has to be submitted
in the uniform format provided to them. Non-compliance of the
template will attract penalties. The project should be typed in
Times New Roman 12 font size with 2-point line spacing. The
paragraphs should also be justified with normal margin. Students
are required to follow the OSCOLA format for the standard
citation. Project work must be free from plagiarism, you are
required to provide with proper citations in the footnote, and
at the end of your project of work you are required to give
full list of select bibliography. If the work found to be a
plagiarized work then it will be treated as a serious academic
misconduct. Serious actions will be taken against the student.

Students are expected to: -

a. Identify a research problem in the area.
b. Write an analytical written project.
c. Written Project is to be in the form of a Research Paper complete
with abstracts, hypothesis, research questions, conclusion and
suggestions.
d. Put forth a well-researched idea/point after careful evaluation of
the topic.

4. Presentation and Viva: The students are required to give oral

presentation-cum-viva in class before a panel of teachers on the
project submitted. Questions will be posed by the panel of
teachers based upon presentation.

Assessment Description of Weight Duration and Marks of

No
Method Assessment Method % Examination

Written 2 hours and 45 Marks in which 15

1 DSA 15
examination percent weightage

2 AT Class attendance 5 Throughout the course

 Case study/
Assignments, Project,
Presentation on
CS /PR / OR /
3 varioustopics,Viva- 30 Throughout the course
CP
voce/ Quiz,
Participationinclass
activities

Semester End Written

4 50 3 hours and 100 marks
Examination Examination

Outline Teaching Schedule

Unit No. of
Topic
Number Sessions
1. Introduction
1.1 Nature and evolution of family
I 1.2 Summary of Hindu Family Law 3
1.3 Sphere of Personal Law
1.4 Persons governed by Hindu Law

2. Sources of Law
2.1 Meaning of sources of law
2.2Ancient source of law - the Vedas, Dharmashastras and
II 2
contribution to law, the Srutis, the Smritis and customs.
2.3 Modern Sources of Law - Precedents, Legislature, Justice,
equality and good conscience.

3. Schools of Hindu Law

3.1Origin of schools of Hindu Law: Mitakshara and Dayabhaga
School of law
III
3.2 Differences between Mitakshara and Dayabhaga School of 1
law, sub schools of Mitakshara
3.3 Effect of migration
4. Joint Hindu Family Property
4.1 The Hindu Joint family and role of Karta.
IV 4.2 Joint family property, coparcenary system, devolution of 5
property as per ancient law.
 5. Law on Marriage
5.1 Marriage as an institution – As defined in various religious
forms and types, Marriage as a religious part of civil life
5.2 Various forms and requirements of a valid marriage
5.3 Issues on a religious marriage form and law under Special
Marriage Act
5.4 Same-sex marriage and question on living together and its legal
V 10
validity
5.5 Restitution of conjugal rights, Judicial separation, Nullity of
marriages - Void, voidable and valid marriage
5.6 Divorce, Divorce by mutual consent, jurisdiction and procedure.
5.7 In camera proceedings, maintenance during pendency of the
suit, maintenance after the dissolution of marriage and
conditions, maintenance under Cr.P.C.– Permanent alimony

6. Hindu Succession Act

6.1 Application of the Act - Definitions, Act do not apply to certain
properties, Devolution of interest in coparcenary property
6.2 General rules of succession in the case of males, order of
succession among class I heir, class II heirs, agnates and
cognates
VI 6.3 Property of a Hindu female to be her absolute property, general 11
rules of succession in the case of Hindu females, order of
succession in the case of Hindu females
6.4 Special provisions respecting persons governed by
Marumakkattayam and Aliyasantana laws, full blood, half blood
and uterine blood, disqualification to inherit, escheat and
testamentary succession
7 Law on Hindu Adoptions and Maintenance
7.1 Application of the Act - Definitions, Pre-requisites for valid
adoption, Capacity of a male Hindu to take in adoption,
capacity of a female Hindu to take in adoption, persons capable
of giving in adoptions, persons who may be adopted, conditions
for valid adoptions.
VII 10
7.2 Effects of adoption, right of adoptive parents to dispose of
their properties, valid adoption not to be cancelled
7.3 Maintenance of wife, widowed mother, widowed daughter-
in-law, children and aged parents, dependents, Quantum of
maintenance, debts to have priority.

8 Law on Hindu Minority and Guardianship

8.1 Guardian under the Guardian and Wards Act, Eligibility for
VIII appointment 04
8.2 Procedure of application – who can apply, what are powers,
what matters court would consider for appointment of a
 guardian, cessation of authority, general and special liability of
a guardian,
8.3 Natural guardian and his/her power, Incapacity of minor to
act as guardian of property, De facto guardian not to deal with
minor’s property

9 Family Courts
IX 02
9.1 Structure of Family court, procedure to be adopted, jurisdiction

Total Sessions 48

Recommended Resources
Compulsory Reading

Books:-

Agnes Flavia, Family Law and Constitutional Claims(Oxford University Press, New Delhi, 2011).
Agnes Flavia, Marriage, Divorce, and Matrimonial Litigation(Oxford University Press, New Delhi, 2011).
Davies, Donald R., The Spirit of Hindu Law (Cambridge University Press India Private Limited, New Delhi,
2010).
DinshawFardunjiMulla, Mulla’s Hindu Law (23rd ed. Lexis Nexis Butterworths, 2018).
Kesari, U.P.D., Modern Hindu Law (10th ed. Central Law Publications, Allahabad, 2015).
Kusum, Family Law Lectures- I (4th ed. Lexis Nexis Butterworths, New Delhi, 2015). Saxena Poonam P,
Family Law Lectures-II (1st ed. Lexis Nexis Butterworths, New Delhi, 2011).

List of Cases (not exhaustive):-

SarlaMudgal v. UOI, AIR 1995 SC 1531

Lily Thomas v. UOI, AIR 2000 SC 1650
Lata Singh v. State of UP, AIR 2006 SC 2522
Saroj Rani v.Sudarshan Kumar, AIR 1984 SC 1562
T Sareetha v. T Venkatasubbiah, AIR 1983 AP 356
Harbinder Kaur v.Harminder Singh, AIR 1984 Del 66
Dr. Surajmani Stella Kujur v. DurgaCharanHansdah, AIR 2001 SC 938
M.M. Malhotra v. UOI, AIR 2006 SC 402
Saroj Rani v.Sudarshan Kumar Chaddha, AIR 1984 SC 1562
N.G. Dastane v. S. Dastane, AIR 1975 SC 1534
Naveen Kohli v. NeeluKohli, (2006) 4 SCC 558
Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253
BipinchandraJaisinghbai Shah v. Prabhavati, AIR 1957 SC 176
Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591
Dharmendra Kumar v. Usha Kumar, AIR 1977 SC 2213
T. Srinivasan v. T. Varalakshmi, 1 (1991) DMC 20 (Mad.)
Hirachand Srinivas Managaonkar v. Sunanda, AIR 2001 SC 1285
Sureshta Devi v. Om Prakash, 1 (1991) DMC 313 (SC)
Smt. Dipo v. Wassan Singh, AIR 1983 SC 846
Commissioner of Wealth-tax v. Chander Sen, AIR 1986 SC 1753
GurupadKhandappaMagdum v. HirabaiKhandappaMagdum, AIR 1978 SC 1239
Vellikannu v. R. Singaperumal (2005) 6 SCC 622
Bhagat Singh v Teja Singh, AIR 2002 SC 1
S. Nagalingam v. Sivagami (2001) 7 SCC 487 4 03
Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564
Seema v. Ashwani Kumar (2006) 2 SCC 578
Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253
Amar Kanta Sen v. Sovana Sen, AIR 1960 Cal. 438 178 23
D.Velusamy v.D.Patchaiammal on 21 October, (2010) 10 SCC 469 181 24
Badshah vs Sou. Urmila BadshahGodse&Anr(2014)1SCC188 188 25
Padmja Sharma v. Ratan Lal Sharma, AIR 2000 SC 1398
Brijendra v. State of M.P., AIR 2008 SC 1058
C.N. Arunachala Mudaliar v. C.A. MuruganathaMudaliar, AIR 1953 SC 495

Commissioner of Wealth-Tax v. Chander Sen, AIR 1986 SC 1753

Sunil Kumar v. Ram Prakash (1988) 2 SCC 77
A. Raghavamma v. A. Chenchamma, AIR 1964 SC 136 101 17
Puttrangamma v. M.S. Ranganna, AIR 1968 SC 1018
Vellikannu v. R. Singaperumal (2005) 6 SCC 622 127 20
Nirmala v. Government of NCT of Delhi, 170(2010) DLT 577
Prakash v.Phulavati, 2015 SCC Online SC 1114
Easwari v. Parvathi AIR 2014 SC 2912
IndraSarma v. V.K.V. Sarma AIR 2014 SC 309
Laxmi Kant Pandey v. UOI AIR 1984 SC 469
Amardeep Singh v. Harveen Kaur MANU/SC/1134/2017
Shakti vahinin v. UOI(2018) 7 SCC 192]
Navjot Singh Johar v. UOI Writ petition (criminal) no. 76 of 2016

Statutes:-
The Family Courts Act, 1984
The Guardianship and Wads Act, 1890
The Hindu Marriage Act, 1955
The Hindu Adoptions and Maintenance Act, 1956
The Hindu Succession Act, 1956 as amended by The Hindu Succession (Amendment) Act, 2005
The Hindu Minority and Guardianship Act, 1956
The Prohibition of Child Marriages Act, 2006
The Protection of Women from Domestic Violence Act 200

Suggested Readings

Books:-

Derret, J. Duncon M., Introduction of Modern Hindu Law(Oxford University Press, 1963).
Freeman, Michael, Understanding Family Law (1st ed. Sweet Maxwell Limited, 2007).
Menski, Wener F., Hindu Law: Beyond Tradition and Modernity(Oxford University Press India New Delhi,
2008).
Stark Barbara, International Family Law: An Introduction (Ashgate Publishing Limited, England, 2005).

Websites:-

Compilation of Landmark Judgments of High Courts of India on Family Matters, 201,8

http://www.ijtr.nic.in/family%20matters/High%20Court%20Judgments%20Book%20in%204th%20Regional%20Conference.pdf
Compilation of Landmark Judgments of Supreme Court of India on Family Matters, 2018,
http://jhalsa.org/Jhalsa_Booklets_Web/2018/17112018/judgments_book_ranchi.pdf
Law Commission of India, http://lawcommissionofindia.nic.in/
Supreme Court Observer, https://www.scobserver.in/