Family Law

the social evils and their effects on the family institution and update the student about new
emerging trends and changing patterns of family in the present scenario of the society. Overall,
this course is designed to endow the students with knowledge of both the codified and
uncodified portions of Mohammedan Law. The course concerns itself with the sources,
schools, institutions, succession, maintenance, the menace of dowry. In addition, the students
shall be able to familiarize themselves with the provisions of the Indian Succession Act
COURSE OUTCOMES:
After completing this course, the students will be able to:
1. Recognize the Nature, Scope, Foundation and Sources of various personal laws of Parsis,
Christians and Muslims.
2. Familiarize traditional and statutory legal system, which governs personal matters.
3. Understand the subject of family law not merely as a separate system of personal laws
based upon religious beliefs, but as one cutting across religious lines, eventually enabling
the fulfillment of the Constitutional directive of Uniform Civil Code.
MODULE 1
1.1 Sources of Muslim Law
Shariat Application Act, 1937
Sources of Mohammedan Law
Primary Source Quran, Sunna, Ijma, Qiyas
Other Sources - Custom
Modern Sources Judicial Precedents, Legislation, Equity, Justice, and Good Conscience
1.2 Schools of Muslim Law
Sunni Schools of Muslim Law - Hanafi School, Maliki School, Shafie School, Hanbali
School
Shia Schools of Muslim Law - Zaidya School, Ismailya School, Ithna Ashari School
1.3 Concept of Marriages and Mehr under Muslim Law
Essential requisites of Valid Muslim Marriage
Kinds of Muslim Marriage
Valid Marriage, Void Marriage, Irregular Marriage
Concept of Iddat
Muta Marriage
Doctrine of Puberty (Option of Puberty)
Concept of
Concept of Mehr and its Classification
Module II
2.1 Dissolution of Muslim Marriage
Kinds of dissolution of Muslim Marriage -Death of Spouse, By the Husband
Divorce - Necessity of Divorce, Conditions for the effectiveness of Talaq, Oral Talaq, Talaq
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in writing
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Talaq-al-S -unna & Talaq-al-Biddat - By the wife,
Talaq-e-Tawfid
Divorce by Mutual Consent
Khula
Mubarrat
Judicial Divorce (Ila, Zihar, Lian)
Dissolution of Muslim Marriage Act, 1939
Criminalization of Triple Talaq
2.2 Maintenance
General Principles of Maintenance
Persons entitled for Maintenance under Personal Law
Maintenance under Section 125 (1) (a) of Cr. P. C., 1973
Muslim women (protection on right to divorce) Act, 1986
2.3 Paternity Legitimacy, Parentage and Acknowledgment
Parentage
The legitimacy of children, Presumption of Legitimacy
Acknowledgement of Paternity
Conditions of a valid acknowledgement
2.4 Guardianship
Custody (Wali) & Hijnat
Definition of Guardian
Classification of Guardianship
Power of Guardian
Disqualification of Guardian
2.5 Property
Hiba
Doctrine of Pre emption
Mutawali- powers and duties
MODULE 3
3.1 The Parsi Marriage and Divorce Act 1936:
Parsi Marriage
Dissolution of Parsi Marriage
Alimony
Custody of Children
Parsi Matrimonial Courts
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3.2 The Indian Christian Marriage Act, 1872
Essentials for solemnization of marriage - An authorized person for solemnization of
marriage, Time, Place & Registration of Marriage
Registration of Marriage
Marriages of Indian Christian
Penalties and Miscellaneous provisions
3.3 Divorce Act 1869
Dissolution of Marriage (Nullity of Marriage, Divorce, Judicial Separation, Restitution of
Conjugal Rights)
Protection orders
Alimony, Settlements, custody of Children, remarriage
Court Procedure and Miscellaneous
MODULE 4:
Indian Succession Act, 1925
4.1 Introduction
Scheme of the Act
Application of the Act
4.2 Domicile
Kinds of Domicile
4.3 Inheritance (For other than Parsis)
Meaning of Intestacy
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Meaning of Consanguinity
Rules of Inheritance
4.4 Law of Inheritance for Parsis
Rules of Inheritance
4.5 Testamentary Succession
Wills
Residuary Legatees, Lapsing of Legacies
Bequest to Unborn Person or Non- Existing Person
Rule against Perpetuity
Onerous Gifts, Conditional Gifts
Kinds of Legacies
Ademption of Legacies
SUGGESTED READINGS:
1. Tahir Mahmood, The Muslim Law of India, Law Book Company
2. Mulla, Principles of Mohammadan Law, Lexis Nexis
3. A.A. Fyzee, Outlines of Mohammadan Law, Oxford University Press
4. Aquil Ahmed, Textbook of Mohammadan
5. Paras Divan, Family law
6. M.P. Tandon, Muslim Law in India
7. Prof. G. C. V. Subba Rao, Family law in India
8. B B Mitra - Indian Succession Act, 1925
9. A. A. A Fyzee - Outlines of Mohammedan Law
10. D. D Basu - Law of Succession
11. Paras Diwan - Family Law: Law of Marriage and Divorce in India
12. A. M Bhattachargee - Muslim Law and the Constitution
COURSE OUTLINE
PROGRAM: 5yr/3 Yr. Professional Law
First-year BLS LL B / LLB
Semester: VI/II
Course Title-: ENVIRONMENTAL LAW
Course Code: Credits: 4
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Family Law

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Family Law

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the social evils and their effects on the family institution and update the student about new

PROGRAM: 5yr/3 Yr. Professional Law

First-year BLS LL B / LLB

Course Title-: ENVIRONMENTAL LAW

Course Code: Credits: 4

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