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TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI

B.A., LL.B (HONS) DEGREE COURSE


III SEMESTER

FAMILY LAW I SUB.CODE: HABD

To make the student aware about matrimonial and family laws in a broader,
social context.
To introduce the jurisprudence of family law and to give light to the
importance of family as a fundamental unit of society. To make them
understand how delicate and carefully the law related to family disputes are
framed and the objectives behind.
Students will learn the importance of customary law by comparatively
analyzing different personal laws
Recent trends of society with regard to the marriage as an institution and
approach of judiciary will be analyzed so as to improve their analytical and
critical thinking on fast growing ,dynamic society and its impact on family

Detailed outline:

UNIT ONE

General introduction to family law :


Institution of family in various personal laws and civil laws in India
Nature , source and schools of personal laws

Concept of marriage
Basis and evolution of marriage as an institution
Kinds of marriage
Essentials of marriage

UNIT TWO

Dissolution of marriage under different communities in India

Theories of divorce
Dissolution of marriage under personal laws
Judicial separation
Grounds of divorce
Jurisdiction and procedure

UNIT THREE

Matrimonial relief, Maintenance and alimony

Restitution of conjugal rights


Constitutional validity of conjugal rights
Alimony under different personal laws
Maintenance of wife under personal and secular laws
Maintenance of parents and children
Analysis of maintenance of divorced Muslim women under Muslim Women
(Protection of Rights on Divorce )Act 1986

UNIT FOUR

The law on adoption & guardianship

Law relating to adoption of children in India


Capacity of taking and giving in adoption
Who may be taken in adoption
Effect of adoption in families (natural and adoptive family)
Guardianship of person and minors property
Guardianship by affinity

UNIT FIVE

New developing and emerging trends in personal laws and response


of judiciary

Gender inequality and religious personal laws in India

Need for family law legislations for nonresident Indians


Religious pluralism and its implications
Live in relationship and surrogacy related law in India
Domestic violence

Teaching methodology:

Lecture method with discussions and interactions highly encouraged


Case law method

Evaluation pattern:

o Research Project + viva voce- ---- 20+5 marks


o Attendance ----05 marks
o Mid semester examination ----20 marks
o End semester examination ---- 50 marks

Total marks 100

Prescribed Reading:

Legal text:

1. Hindu Marriage Act, 1955


2. Hindu Adoption and Maintenance Act 1956
3. Hindu Minority and Guardianship Act 1956

4. Books:
5. The Indian Succession Act, 1925
6. Muslim Women (Protection of Rights on Divorce) Act 1986
7. Special Marriage Act, 1954
8. T6he Child Marriage Restraint Act, 1929
9. The Parsi Marriage and Divorce Act, 1936
10.The Indian Divorce Act 1869
11.Dissolution of Muslim Marriage Act 1939
12.Guardian Wards Act, 1890
13.The Muslim Personal Law (Shariat) Act Application, 1937
1. Mayne , john D Treatise on Hindu law & Usage
2. Mulla , D.F Principles of Hindu Law
3. Subbarao, G.C.V Family law in India
4. KusumFamily Law I
5. Ali Ameer The Spirit of Islam
6. Fyzee , A.A.A Outlines of Muhammadan Law
7. Tahir Mahmood &Saif Mahmood Muslim law in India and Abroad
8. B.R VermasCommentaries on Mohammedan Law
9. Desai KumudLaw of Marriage and Divorce
10.Diwan ParasModern Hindu Law
11. B. M. GandhiHindu Law
12.Irretrievable breakdown of marriage Prof Vijender Kumar

Important cases

1. Raj Kumar Singh V shanti Raghuvanshi


2. National Laegal Services Authority V Respondent :Union Of India (UOI)
and ors 2014(5)SCALE1
3. Chand patel v Bismillah Begum &Anr 2008 4 SCC 744
4. Harvinder Kaur v Harminder Singh, AIR 1984 Del 66.
5. Manjit Kaur V Mohan Singh, AIR 2007 P&H 66 (NOC)
6. Samar Ghosh V Jaya Ghosh , 2007 (3)SCJ 253
7. Asha Qureshi V Afaq Qureshi ,AIR 2002 MP 263
8. Shamim Ara V state of UP ,AIR 2002 SC 3551
9. S nagalingamVsivagami (2001)SCC487
10.Daniel Latifi V Union of India (2001)7 SCC 740
11.Lily Thomas V UOI ,AIR 2000 SC 1650
12.Vandana Shiva V J .BandhopadhyayAIR 1999 SC 1149
13.SarlaMudgal V UOI ,AIR 1995 SC 1531
14.Vimala Bai V Hiralal Gupta (1990) 2 SCC 22
15.Saroj Rani V Sudarshan Kumar AIR 1984 SC 1562
16.T Sareetha V T venkatasubbaih AIR 1983 AP 356
17.N G Dastane V S Dastane AIR 1975 SC 1534