What Is Family and Family Law (Autosaved)

What is Family and
Family Law
Dr. Samreen Hussain
Meaning of Family
 Sociologist define family in terms of: how society sanction

relationship of people who are connected through
 1. Blood- full or half
 2. marriage
 3. adoption.
 Smallest and primary unit of society- helps in understanding the
behaviour and how it affects different member of society.
 Changing definition and concept of family
 meaning also depends upon social cultural, biological definitions.
 joint family or nuclear family, two parent or one parent family, same
sex partners or live-in relationship
 Polygamous or monogamous
 Patriarchal patrilocal matrilocal
 Meaning of family cannot be restrictive- changes with changing time
and societies. Grows and develop.
 Family law- area of law that deals with family matters and domestic
relations- example marriage and other civil unions, divorce,
maintainence custody adoption etc.
 There are five brads sets of family law in india- Hindu Law, Muslim
Law, Christian Law, Parsi Law and Secular law ( SMA, 1954)
Some Common terms
 Personal law- laws that applies to certsin class or group of people based
on religion.
 Full blood- when related by blood and share same parent-
 Half blood- when share either a father or a mother- consanguine when
share father, uterine when share mother.
For example: A marries W and have a daughter D1. A dies and w marries B.
together they have a daughter D2. DI and D2 are uterine siblings.
Example 2- A marries W and have a daughter D1. W dies and A marries W1
and have a son S, now S and D1 shares father- consanguine siblings.
 Step relation- only related through marriage. Example. A marries F and a
son S is born to them. B marries W and a Daughter D is born to them. Now
A and W dies. B marries F. in this case S and D are step siblings and B is
step Father of S and F is step mother of D
 Ascendants- persons with whom one is related in ascending line-
one parents, grandparents, great grandparents
 Decendants- a person with whom related in descending line- ones
own children, grandchildren etc
 Collaterals-relatives of one another who descends from common
ancestors- sibling and their offspring's.
 Spouse – husband or wife
 Live-in partners- living together sharing household without marriage
 Family law courts-
 ADR in family law- conciliation and mediation.
SOURCES AND SCHOOL OF HINDU
LAW
 Source of Law means “the roots of the law”, “cause of the law”, “the
things from which the laws have been taken”
 The personal laws which governed and are even now governing the
social life of Hindus (such as marriage and divorce, adoption,
inheritance, minority and guardianship, family matters, etc.) are
compiled in the form of Hindu Law. It is believed that Hindu law is a
divine law
 It was revealed to sages by God through the vedas
 Divided into two – Ancient and Modern Sources
Ancient sources
 1. SHRUTI- The word is derived from the root “shru” which means “to hear”. In theory,
it is the primary and paramount source of Hindu law and is believed to be the language
of the divine revelation through the sages. The material heard by people constitute
Sruti.
 It is believed that Sruti contains the very words of the Deity. The Sruti comprise the
four Vedas (Rig-Veda, Sum-Veda, Yajur-Veda and Atha Veda), the six Vedangas
and eighteen Upanishads.
 2. SMRITI The word Smriti is derived from the root “smri” meaning “to
remember”. Traditionally, Smritis contain those portions of the Shrutis which the sages
forgot in their original form and the idea whereby they wrote in their own language with
the help of their memory.
 There are two kinds of Smritis. Their subject matter is almost the same.
 Dharmasutras (Early smritis)
 Dharmasutras are written in prose, in short maxims (Sutras). The Dharmasutras were
written from 800 to 200 BC. They incorporate the teachings of Vedas with local
customs. They generally bear the names of their authors and sometimes also indicate
the shakhas to which they belong. Some important smritis: Gautama, Apastamba,
harita, vashista et
 Dharmashastras (Later smritis)- Dharmashastras are composed
in poetry (Shlokas). Also contain local customs along the laws.
 3. CUSTOMS - From the earliest period custom (‘Achara’) is regarded as the
highest ‘dharma’. As defined by the Judicial Committee custom signifies
a rule which, in a particular family or in a particular class or district has from
from long usage obtained the force of law. Most of the Hindu law is based on
customs and practices followed by the people all across the country. Even smritis have
given important to customs .

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What is Family and

 Sociologist define family in terms of: how society sanction

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