Hindu Family Law Syllabus (Sem III, Mumbai University)

[A]. Marriage and Kinship

(a.) Evolution of the institution of marriage and family.
(b.) Role of religious rituals and practices in moulding
the rules regulating to marital relations.
(c.) Types of family based upon.
(i) Lineage – patrilineal, matrilineal
(ii) Authority structure patriarchal and matriarchal
(iii) Location- patrilocal and matrilocal
(iv) Number of conjugal units-nuclear, extended, joint and composite.
(d.) Emerging concepts: maitri sambandh and divided home.

[B]. Customary practices and State regulation

(a.) Polygamy
(b.) Concubinage –
(c.) Child marriage
(d.) Sati
(e.) Dowry

[C]. Conversion and its effect on family

(a.) Marriage
(b.) Adoption
(c.) Guardianship
(d.) Succession

[D]. Joint Family

(a.) Mitakshara joint family
(b.) Mitakshara coparcenary-formation and incidents
(c). Property under Mitakshara law-separate property and corparcenary property.
(d.) Dayabhaga coparcenary-formation and incidents
(e.) Property under Dayabhaga law.
(f.) Karta of the joint family-his position, powers, privileges and obligations.
(g.) Alienation of property-separate and coparcenary
(h.) Debta-doctrines of pious obligations and antecedent debt.
(i.) Partitition and re-union.
(j.) Joint Hindu family as a social security institution and impact of Hindu Gains of                   Learning Act and various tax laws on it.
(k.) Matrilineal joint family.

[E]. Inheritance

(a.) Hindus
Historical perspective of traditional Hindu law as a background to the study of Hindu        Succession Act 1956, Succession to property of a Hindu male dying intestate under              the provisions of Hindu Succession Act 1956, Devolution of interest in Mitakshara              coparcenary with reference to the provisions of Hindu Succession Act 1956,                          Succession to property of Hindu female dying intestate under the Hindu Succession          Act 1956, Disqualification relating to succession, General rules of succession,                        Marumakkattayam and Aliyasantana laws governing people living in                                    Thiruvanadapuram, Cochin and other districts of Malabar and South Kanara.
(b.) General rules of succession and exclusion from succession.
Classification of heirs under Hanafi and Ithna Ashria schools and their shares and              distribution of property.”
(c.) Christians, Parsis and Jews

[F]. Matrimonial Remedies

(a.) Non-judicial resolution of marital conflicts.
Customary dissolution of marriage-unilateral divorce, divorce by mutual consent               and other modes of dissolution,
(b.) Judicial resolution of martial conflicts: the family court
(c.) Nullity of marriage
(d.) Option of puberty – Condition of Valid Marriage – Section 5 of Hindu Marriage Act              wherein conditions of valid marriage are given.
(e.) Restitution of conjugal rights
(f.) Judicial separation
(g.) Desertion a ground for matrimonial relief
(h.) Cruelty: a ground for matrimonial relief
(i.) Adultery: a ground for matrimonial relief
(j.) Other grounds for matrimonial relief
(k.) Bar to matrimonial relief:
Doctrine of strict proof, Taking advantage of one’s own wrong or disability, Accessory
Connivance, Collusion, Condonation, Improper or unnecessary delay, Residuary                 clause-no other legal ground exists for refusing the matrimonial relief.

[G.] Alimony and maintenance
(a.) Alimony and maintenance as an independent remedy: a review under
different personal laws – need for reforming the law.
(b.) Alimony and maintenance as an ancillary relief.

[H]. Child and the Family

(a.) Legitimacy
(b.) Adoption
(c.) Custody, maintenance and education
(d.) Guardianship and parental rights – welfare of the child principle.

[I] Family and its changing pattern

(a.) New emerging trends:
Attenuation of family ties,  Working women and their impact on spousal relationship: composition of family, status and role of women, New property concepts, such as skill and job as new forms of property, Factors affecting the family: demographic, environmental, religious and legislative, Processes of social change in India: sanskritization, westernization, secularization, universalization, parochialization, modernization, industrialization and urbanization.

[J.] Settlement of spousal property

Need for development of law

[K.] Establishment of family Courts

Constitution, power and functions, Administration of gender justice

[L.] Uniform Civil Code

Religious pluralism and its implications, Connotations of the directive contained in             Article 44 of the Constitution, Impediments to the formulation of the Uniform Civil            Code,  The idea of Optional Uniform Civil Code.

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