FAMILY LAW – I (AMBEDKAR UNIVERSITY)

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 BA, BBA LLB 5th semester Family Law-1 (ALU)

PAPER 5.4. FAMILY LAW – I

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36 This paper shall consist of following two parts: (a) Written paper — 70 marks (b) Internal examination — 30 marks (15+10+5) Mid Semester Test: 15 marks Project/Assignment:10 marks Presentation: 05 marks The candidate must pass in part (a) and (b) separately. For passing, he shall be required to obtain 36 percent marks in each part, i.e. 25 marks out of 70 and 11 marks out of 30 marks. (1) The question paper shall be divided into two (02) Parts viz. Part – A and Part – B. (2) Part – A shall consist of five (05) compulsory questions of two (02) marks each whereas Part – B shall consist of seven (07) questions. The Candidate is required to attempt any four (04) questions. All questions carry equal marks. (3) The prescribed syllabus includes latest amendments in the subject wherever applicable.

OBJECTIVES OF THE COURSE: The Course structure is designed mainly with three objectives in view. One is to provide adequate sociological perspectives so that the basic concepts relating to family are expounded in their social setting. The next objective is to give an overview of some of the current problems arising out of the foundational inequalities writ large in the various family concepts. The third objective is to view family law not merely as a separate system of personal laws based upon religious but as the one cutting across the religious lines and eventually enabling us to fulfill the constitutional directive of uniform civil code. Such a restructuring would make the study of familial relations more meaningful.

UNIT - I Hindu Law: Sources, Who are Hindu and to whom Hindu Law apply, Schools and Application, Coparcenary, Joint Family Property and Self Acquired Property; Karta and his Powers and Obligation, Religious and Charitable Endowments: Essentials of an Endowments Kinds, Shebait and Mahant;

UNIT - II The Hindu Marriage Act, 1953: Conditions of a Hindu Marriage, Its Ceremonies and registration. Void& Voidable Marriage: Restitution of Conjugal rights Judicial Separation, Legitimacy of Children of Void and Voidable Marriage; Divorce: Alternative Relief in divorce, Proceedings, Divorce by Mutual Consent; One Year Bar to Divorce, Divorced Person when may marry again; Jurisdiction and Procedure; Maintenance Pendent Lite& Expenses of Proceedings, Permanent Alimony and Maintenance;

UNIT - III The Hindu Succession Act, 1956: Succession to the Property of a Hindu Male; Succession to Interest in Coparcenary Property, Property of a Hindu Female; Succession to the Property of a Hindu Female, General Rules and Disqualifications of Succession, Escheat;

UNIT-IV The Hindu Adoption and Maintenance Act, 1956 : Requisites of a Void Adoption; Capacity to take in Adoption; Capacity to given in Adoption, Persons Who May Be Adopted; Other Conditions For a Valid Adoption; Effect of Adoption; Miscellaneous; Provisions of Adoptions; Maintenance of Widowed Daughter-In-Law; Dependents and their Maintenance, Amount of Maintenance;

UNIT-V The Hindu Minority and Guardianship Act, 1956: Natural Guardians and their powers; Testamentary Guardianship and their Powers; De-Facto Guardian, General Provisions for Guardianship; Guardian declared or appointed by the Court; Partition Under Hindu Law: Meaning, Property for Partition, Persons entitled to sue for partition and allotment of shares, Partition How Effected, Determination of Shares, Re-opening of Partition; Reunion; DebtsDoctrine of Pious Obligation, Antecedent Debts;

LEADING CASES*: 1. Bhaurao v. State of Maharashtra, AIR 1965 SC 1564 2. Mahendra v. Sushila, AIR 1965 SC 364 3. ShamimAra v. State of U.P., 2002(4) RCR Civil 340 4. Kailashwati v. Ayodhya Prakash, 1977 PLR 216 5. M.M. Malhotra v. UOI & others, AIR 2006 SC 80 6. Seema v. Ashwani Kumar, AIR 2006 SC 1159 7. Vinita Saxena v. Pankaj Pandit, AIR 2006 SC 1662 8. Naveen Kohli v. Neelu Kohli, AIR 2006 SC 1676 9. Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945 10. Daniel Latifi v. U.O.I., 2001 (7) SCC 40