Objectives of the Course : The personal law applicable to Hindus, Muslims, Christians, parsis

and other densminations is not fully codified. While these personal laws are similar in their
essential broad underlying principles, they are much different in their details. Personal |aw is
applicable not only to aspects of family relations, viz. marriage and divorce, support and
maintenance, children and their custody and guardianship, adoption and the like, but also to
law relating to property, viz. joint family systems, devolution to property upon death of a
person. The differences in the provisions applicable to different denominations arise from the
history and gr:wth of these laws over centuries.
This course covers the history and dpvelopment of the principles and provisions of different
personal laws, and the sources from which these laws are derived. It primarily comprises the
laws applicable to family relations: marriage and divorce, maintenance, atimony, adoption and
guardianship. It also lays enrphasis on the general law applicable to all persons: the Special
MarriageAcl,,l963andtheForeignMarriagesAct, lg6g.Thecoursefamiliarisesthestudents
to the differences in the various systems, and to understand the reasons, merits and demerits of
U the various provisions. Study of this subject should enable the students to view family law not
merely as a separate system of personal laws based upon religious beliefs, but as one cutting
across religious lines, eventually enabling fulfillment of the Constitutional directive of
Uniform Civil Code.

Module 01 ,Introduction to Hindu and Muslim Law :

l. Nature of Hindu law, Application of Hindu law
2, Sources of Hindu law - Ancient to Modern ''
3. Schools of Hindu l4w
4. Development and nature of Muslim law, Application of Muslim law
5. Sources of Muslim law
6. Schools of Muslim law
Module 02 Marriage and Matrimonial Reliefs under Hindu law :
1. Evolution and concept of the institution of marriage, nature and forms of
marriage under ancient Hindu law
'Z Essentials of a valid marriage under the Hindu Marriage Act, 1955;
, ceremonies of marriage; valid, void and voidable marriages; importance of
i custom; marriage with a non-Hindu; registration of marriage; effect on
legitimacy ofchildren
3. Divorce, theories of divorce, grounds of divorce, customary divorce, eflfect
of divorce, emerging trends; Bar to remarriage after a divorce
4 Other matrimonial reliefs: Nullity of
marriage; Judicial separation;
Repudiation of marriage; Restitution of conjugal rights; Other reliefs
granted by a coutf in matrimonial proceedings (other than maintenance);
Bar to matrimonial reliefs
5. Jurisdiction of courts: under the Hindu Marriage Act. 1955 and the Family
Courts Act, 1984

SPP University . Revised Curriculum . Degree courses in Law . B.A. LL.B.. B.B.A. LL.B. and LL.B.
L-
J' Module 03 ,Marriage and Matrimonial Reliefs under Muslim law :
r'1. Muslim marriage : pre-Qura'nic backgrould, definition of nikah, nature
: and classification of marriages
:2. Essentials and formalities of a valid marriage, legal effects of a valid
marriage, mut'a marriage, stipulation in marriage contract: guardianship in
'inarriage
with reference to Shias and Sunnis
3. Mehr / dower, nature and kinds of dower. rights of wife in case of unpaid
dower
4. Nullity of marriage; restitution of conjugal rights; option of puberty (khair-
.. ul- bulugh)
5. Talaq, kinds of talaq, divorce under the Dissolution of Muslim Marriage
, Act, 1939
6. Rernarriage; iddat : its rationale, utility and periods; prohibition to marry in
certain iases
Module 04 ,Marriage and Matrimonial Reliefs among Parsis, Christians and under
, the Special Marriage Act, 1954 :
.

" I. Marriage under the Parsi Marriage and Divbrce Act, 1936: Essentials of a
valid marriage; So[emnization of marriage and its registration; Dissotution
of marriage, divorce, nullity, juilicial separation, restitution of conjugal
rights; Remarriage; Parsi Matrimonial Coufts and procedures
'z Marriage under the Indian Christian
Marriage Act, 1872: Essentials of a
valid marriage; Solemnization of marriage and its registration; Marriage of
Indian christians; Provisions under the Indian Divorce Act, lg69: relating
to dissolution of marriage, judicial separation, nullity, restitution of
conjugal rights; Remariage; Jurisdiction of courts and procedures
Maniage under the Special Marriage Act, r 954: Essentials of a valid
marriage, Solemnisation of marriage and procedure, its registration and
certificate; Registration of existing marriages, procedure and registration;
Effect and consequences of such marriages; void and voidable marriages;
Remedies of divorce, judicial separation, restitution of conjugal rights;
Remarriage; Jurisdiction of courts and procedures
Marriages of citizens outside India under the Foreign Marriages Act, 1969 :
Essentials, Solemnisation of, marpiage, procedure and certificate, Effect of
puch marriage, Divorce of foreign marriages
5. comparative analysis of marriage and matrimonial reliefs in different laws.
6. Relationship in the nature of marriage : live-in relationship. same-sex
relationships

SPP University . Revised Curriculum . Degree Cour

 Module 05 Alimony and Maintenance :
, 1. Maintenance pendent lite and permanent maintenance; Maintenance of
wives, children and parents under the Hindu law, Musrinr law, christian
law and Parsi law; Maintenance in matrimonial proceedings under these
laws
2 ''Alimony and maintenance under the Special Marriage Act, 1954, the
Protection of women from Domestic violence Act, 2005, the code of
criminal Procedure, 1973, and the Maintenance and welfare of parents and
'' Senior Citizens Act,2007"
Module 06 Law on Adoption and Guardianship :
l. Adoption: Essentials of valid adoption with reference to the person
adopted, the person adopting and other conditions; procedure; When
adoption is compldte; Effeot of. adoption;. Right of adoptive parenrs ro
dispose of their property
z Inter-country adoption, CARA guidelines; Recognition foreignof
adoptions; Adoption by foreign parents .
3. Guardianship under the Hindu and Muslim law, and under the Guardian
and wards Act, 1890: Kinds of Guardians; Procedure for appointment of a
guardian; Guardian's powers over the person and property of children;
Rights, obligations, duties;, liabilities, disqualifications and disabilities of
guardians
4. Powers ofCourt
5. custody of Minor and Minor's property; Powers of courts in matrimonial
proceedings to pass orders about custody and well-being of children

Recommended Readings:
1. Kusum, Family Law Lectures : Fhmily Law l,LexisNexis, New Delhi.
2. Satyajeet A Desa, Mulla's, HinduZau,, LexisNexis, New Delhi.
3. Justice Ranganath Mishra, Mayne's Hindu Law and (Jsage, Bharat Law House, New Delhi.
4. H. K. Saharay, family Law in India, Eastern Law House, New Delhi.
5. Flavia Agnis, Family Law vol I and II, oxford University Press, New Delhi.
6. Tahir Mahmood, Principles of Hindu Law,lJniversal Law Publishing, New Delhi.
7. Mull4 Principles of Mohammedan Law, LexisNexis, Nagpur.
8. Asaf A AFy'zee, Outline of Muhammadon Low,Oxford University Press, New Delhi.
9. Amer Ali, Mohammedan Law, Vol. I and II, Eastern Book Company.
10. Bharatiya V P, Sayyad Khalid Rashid's Muslim Law,Eastem Book Company, Luknow.
I l. Denett, Introduction tb' Modern Hindu Law, l)niversal.

SPP University . Revised curriculum . Degree courses in Larr, . B.A. LL.B.. B.B.A. LL.B;nd Lti].
 Total No. of.Questions : 101
SEAT No" :

P4988 . r.i [Total No. of Pages : 2

:'.n"i'' r: i-f

[s644$-rOz
Inl'.8 , (S'emester -I)
First Ymf otThree Year taw Course
t\
i"".i,'- -fAMILYLAW-I
!t" ..J:rlnr rt D^fa^--\

Time: :",,
! -..
[Mot Marks :,80
Instru di'ddies:

two questions.from part B, qnd

i...-

,.:. il,

t "-
... ..
[3x15:451
Ql) Disiuss Sourbes of Muslim'Law. r*, '',' ii
..",,

.. 't''--
,..,.. _.;

Q2) Exptain the essentiali of v g.",r.nd., Hindu Law In What situations

does the marriage become le or void?
- . '\'

Q3) What is Talaq? Elaborate on ttte-various forms gf Talaq allowed under the
Muslim Law. Explain "Talaq-utr;biddat" With reference to the recent legislaticm
passed for the same bV th3.,{arliament.
i ,. i,''
QQ Whatare ttp reme imaonial reliefs available to the
^gatties
to a martiage
under the Special Act,1954?

,"-'
QS) Explain the Conditions of a valid adoption unde"r.the Hintlu Adoption and
MaintenanceAct, 1956. ,,i, ..i ,.".i.
PART - B
, [2x10 :201
Q6) Elaborate on the need of Divorce by mutual Consent in all marriage laws.
What is the Procedure for the same under the Sqgcial Marriage Act,1954

PT.O.
 -section 125 of the
Q7) Elaborate on the Provisions relating to Maintenance under
Code of Criminal Procedure. 1973 and the Domestic Violence,A.ct, 2005.

.,ii:.,t"
eB) Explain the f;rovisions relatihg to theJurisdicJion and Procedure ofthe Courts
under the FamilY Courts Act, 1984.
';
/ ,
Q9) Writenotes on the f6l6wing :'

a) Mitakshara -
b) Restitutio#ofCortjugalRights

Qlh)Solveany th-ree from the following : [3x5 =15]

, .t
,"]._
.

a) girl.r#asgives in.p,rr*sri-a8E",b.y,Terfather, tq
' Salmq a l2-yeu-old Muslim
S&tiiil, a Muslirnhusband. The marriage is Corisummated. At the age of
: 29 the girl wants to repudiate the . Can she do so?
6f,t' fUnia & Adar both Parsi marry,.iinrler Special Marriage Act without

']
d)

in obtaining divorce the groutrd of desertion?

e) Subhash. a Hindu male aged fifty years adopts a daughter aged eleven
years. He has a son's darighter. Is the adoption vatid?

coo

ls644l-102
 Total No. of Qtestions : 9l SEAT No":
\

lTotal No- of Pages :2

P5323
ts336 1
LL.B. (Semester - I)
First Year of Three Years Law Course

j (2017 Pattern)
Time: 3 Hotrsr [Max Marlcs : 80
I nstr uelions ttt ilr e c{rln didutes :
I) AIt PARTS ure conrPulsorr'
2) Attempt any'two qiestions from Part A' Part B md Port C'
il pah eigtrries 40 marks, Parl B caryies 30 ntarks and Purt C carries l0
marks,.l
4) to the rigltt indicate full marks

PART . A 12x2=401
ancl distin-euish between twomaih schools ofMuslim Law
QI)Explain

as a contracr witiiiit is a sacrarnent tbr Flinclus- Explain'

eZ) Mrislim treats marriage

(Amendmenl)
e3) Explain the yarious grounds of clir,,orce under the lndian Divorce
Act, 2001 .

'L/'
visions ."gi?dirrg Divorce by Mutual Consent under atf,|nbrsonal
Law ingluding Central Larv.

PART - B [2 x 15=301

eS) Elaborate the provisions of the Dissolutitln ol'Muslim Marriage Act,l939,

regarding claim of divorce by Muslim wife'

Q6,) Discuss in detail the law relating

to 'Dower'under Murslirn Lalv'
'I

P.T.O"
n" for soienrnization ot-ma,iage
7il"rf;;*t"ttions under the Speciar Marriage

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L.' i\,, Xff : ::'i:l^.;,
ilstlalngc., .l)o./
cr e,, e r o i, i, r e c,,, cr c,

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