Family Law I- Sources, Scope and Schools

Module I: Duality and Pluralism in Indian Family law

1.1. Three Tier System of Family Law
Module II: Constitutional Provisions on Family Law
1.1. Uniform Civil Code (Article 44 of Indian Constitution)
Module III: General Laws overriding Personal Laws
1.1 Caste Disability Removal Act 1850
1.2 Majority Act 1875
1.3 Bigamy (Section 494 of Indian Penal Code 1860)
1.4 Maintenance (Section 125-128 of Criminal Procedure Code 1973)
1.5 Legitimacy of Child; presumption of death ( Section 112, 107, 108 of Indian
Evidence Act, 1872)
1.6 Dowry Prohibition Act, 1961
1.7 Medical Termination of Pregnancy Act, 1971
1.8 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994
1.9 Protection of Women from Domestic Violence Act, 2005
1.10 Prohibition of Child Marriage Act, 2006
1.11 Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Module IV: Personal Laws- Sources and Schools
1.1 Historical transition/ journey of Hindu civilization from a culture to law.
1.2 Sources of Hindu law
Ancient sources
Modern Sources
1.3 Schools of Hindu Law and its applicability
1.4 Advent of Islam and Islamic culture
1.5 Sources of Muslim Law
1.6 Schools of Muslim Law and their applicability

Family Law II- Marriage and Matrimonial Remedies
Module I- Marriage and Marital Rights under Civil Laws
1.1 Special Marriage Act 1954
Conditions of a valid marriage
Solemnization and registration procedure
Module II- Marriage and Marital Rights under Personal Laws
1.1 Hindu Marriage Act 1955
Conditions of a valid Marriage
Ceremonies for the solemnization of a valid marriage
Registration provisions
1.2 Muslim Laws on Marriage
Conditions essential for the solemnization a valid marriage under the various
schools of Muslim law
Registration procedure
Concept of dower
Module III- Matrimonial remedies under Civil marriages
1.1 Special Marriage Act 1954
Nullity of marriage and the legitimacy of children
Restitution of Conjugal Rights
Judicial separation
Divorce
Divorce by Mutual Consent
Bars to matrimonial remedies

Module IV- Matrimonial Remedies under the Religious Laws
1.1 Hindu Marriage Act 1955
Nullity of Marriage and the status of children born out of void and voidable
marriages
Restitution of Conjugal rights
Judicial Separation
Divorce
Divorce by Mutual Consent
Bars to Matrimonial remedies
Concept of maintenance under the Hindu Marriage Act, 1955 and Hindu
Adoptions and Maintenance Act, 1956
1.2 Dissolution of Muslim marriages under their personal law
Categories of divorce under the Muslim law:
1.) Extra judicial divorce,
The category of extra judicial divorce can be further subdivided into
three types, namely,
By husband- talaaq, ila, and zihar.
By wife- talaaq-i-tafweez, lian.
By mutual agreement- khula and mubarat.
2.) Judicial divorce
Dissolution of Muslim Marriages Act 1939
The concept of maintenance to the married Muslim women under The Muslim
Women (Protection of Rights on Divorce) Act, 1986 with case laws and its
analysis.