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FAMILY LAW

COURSE NAME- FAMILY LAW
PRICE- Rs. 8,999/-
NUMBER OF SESSIONS-
COURSE DURATION- 30 days
COURSE INCLUSIONS – Online Lectures, Customised E-book, Personalised User Dashboard for course queries, Guest Lecture, Course Quiz (optional), Certificate
LAWS INVOLVED – Hindu Marriage Act, 1955
Muslim Marriage Act, 1939
Hindu Adoption and Maintenance Act, 1956
Hindu Minority and Guardianship Act, 1956
Special Marriage Act, 1954
Hindu Succession Act, 1956
The Partition Act, 1893
Family law is a composite field wherein multiple personal laws of varied religions are involved. India is a vast secular country. Along with such secularism comes the need to keep different personal laws in check for better adjudication and to avoid injustice. Family law primarily talks about the laws of marriage & its dissolution, inheritance, succession, partition, adoption and guardianship under Hindu and Muslim Laws. Since a number of small statutes are involved, this course emphasizes on the basic important concepts of every such law.

TOPICS COVERED IN THE COURSE:

I. Hindu Marriage and Dissolution
a. Institution of Marriage under Hindu Law: Forms, Validity and Voidability of Marriage
b. Matrimonial Remedies:i. Restitution of Conjugal Rights ii. Judicial Separation iii. Dissolution of Marriage : Forms of Divorce, Grounds iv. Divorce by Mutual Consent v. Irretrievable Breakdown as a Ground for Dissolution

II. Muslim Marriage and Dissolution of Marriage
a. Nikah (Muslim Marriage): i. Definition, Object and Nature ii. Essentials for Validity
iii. Obligations Arising out of Marriage – under Classical and Statutory Law
b. Dissolution of Marriage: i. Talaq: Concept and Modes ii. Grounds: i. Under Classical Law ii. Under
c. Statutory Law: Dissolution of the Muslim Marriage Act, 1939

III. Adoption, Maintenance of Guardianship
a. Adoption: (i) Nature (ii) Law on adoption (iii) Inter Country Adoption
b. Adoption: Conditions and Effect (i) Ceremonies (ii) Capability (iii) Effect
c. Maintenance (i) Entitlement (ii) Enforcement (iii) Maintenance Rights of Muslim Women (iv) Maintenance under the Code of Criminal Procedure, 1973
d. Guardianship

IV. Emerging trends in Family Law
a. Emerging trends: i. Surrogacy ii. Live-in Relationship iii. IVF iv. Domestic Violence b. Same Sex Marriage

V. Joint Hindu Family
a. Mitakshara and Dayabhaga Schools
b. Formation and Incident under the Coparcenary Property under Dayabhaga and Mitakshara: Extent and Mode of Succession
c. Karta of Joint Family: Position, Powers and Privileges
d. Debts: Doctrine of Pious Obligation and Antecedent Debts

VI.Partition
a. Meaning, Division of Right and Division of Property
b. Persons Entitled to Demand Partition
c. Partition how Effected- Suit for Partition
d. Re-opening of Partition; Re-union

VII. Principles of Inheritance under Hindu and Muslim Law
a. The Hindu Succession Act, 1956 General Rules of Succession of a Hindu Male and Female dying Intestate under the Hindu Succession Act
b. Stridhan and Women’s Estate
c. Principles of Inheritance under Muslim Law (Sunni Law)

VIII. Muslim Law of Property
a. Hiba: Concept, Formalities, Capacity, Revocability
b. Wasiyat: Concept, Formalities.
c. Waqf

REFERENCES

  1. Bare Act of Hindu Marriage Act, 1955.
  2. Bare Act of Muslim Marriage Act, 1939.
  3. Bare Act of Hindu Adoption and Maintenance Act, 1956.
  4.  Bare Act of Hindu Minority and Guardianship Act, 1956.
  5. Bare Act of Special Marriage Act, 1954.
  6. Bare Act of Hindu Succession Act, 1956.
  7. Bare Act of The Partition Act, 1893.
  8. Paras Diwan, Modern Hindu Law, Allahabad Law Agency, 1993.
  9. Mulla, Principles of Hindu Law, Lexis Nexis, 2007.
  10. A.A.A. Fyzee, Outlines of Mohammadan Law, Oxford University Press, 1974.
  11. Afzal Qutb, A Treatise on Faith Oriented Family Norms, 1990.
  12. Kusum, Marriage and Divorce Law Manual, Universal Law Publishing Co. Pvt. Ltd.,2000.
  13. B.M. Gandhi, Family Law, Eastern Book Company, 2012.
  14. Tahir Mahmood, The Muslim Law of India, Law Book Company, 1980.
  15. Paras Diwan – Family Law, Allahabad Law Agency, 2001.
  16. Mulla, Principles of Mohammadan Law, Lexis Nexis, 1906.
  17. Dr. M.Afzal Wani, Islamic Law on Maintenance of Women, Children and Other Relatives, 1996.
  18. Dr. M.Afzal Wani, Institution of Mahr in Islamic Law, 1996.
  19. Poonam Pradhan Saxena, Family Law- II Lectures, Lexis Nexis. 3rd Edn., 2011.