DAMODARAM SANJIVYYA NATIONAL LAW UNIVERSITY

COURSE OUTLINE

Title of the Subject: Family Law -I Name of the Faculty: Dr. S. Radha Krishna
Total No of Hrs : 66

Note: 1. Academic Session – 9th July, 2018 to November, 2018 (Tentatively 62 Hours)
2. Cases mentioned shall have the complete citation
3. Number of Units may be added or reduced as per requirement

OBJECTIVES OF THE STUDY

The Course offers an interdisciplinary introduction of Family laws in India. The course is designed
with the following objectives:

1. A comparative study of personal Laws of Hindu, Muslim and Christian laws in India.

2. Special care will be taken in the course to look at the status of women children and parents
in family relations, with a view to ensure greater protection of constitutional rights of these
groups in the family.

3. To introduce the students to the Statutes relating to adoption, Guardianship, Maintenance

and other related laws

4. This course offers students an opportunity to understand the historical, social and
constitutional bases of these laws, differences through inter-disciplinary approach

5. To provide security and legal awareness to the Family life of the individuals.

At the end of the course introduces the student to new ways of looking at family law, bringing
issues of social justice, particularly as they relate to practices of infanticide, dowry sati, and other
customary practices in the the context of an understanding family law .
 UNIT 1

INTRODUCTION

Unit No. of
No. CASES FOR REFERENCE Hours
Topic: INTRODUCTION (List of Cases are not
exhaustive – Faculty may
discuss or indicate any
additional Cases)
1.1 Hindu Philosophy, Social Structure 3
Hindu Concept of Law, Nature and
origin of Hindu Law, Application of
Hindu Law
1.2 Schools of Hindu law 1
Mitakshara , Dayabhaga differences,
presumption of migration

1.3 Sources of Hindu Law : Sruti, Smriti Collector of Madura Vs Mootoo 2

Commentaries, Judicial decisions, Ramalinga Sethupathy 1868
Legislations, Justice, Equity and good MIA 397
Conscience
1.4 Legislations during Social Reform 2
Movement, Bengal Sati Regulation
Act,1829, Widow Remarriage Act,1856
Child Marriage Restraint Act,1929

1.5 Personal laws, Women’s Rights and C.B.Muttamma Vs Union Of 3

constitutional provisions, Legislation
during Social Reform Movement
Art.14 , Art. 16 ,Art .21
India AIR 1979 SC 1868
Air India Vs. Nergesh Meerza
A.I.R 1981 SC 1829
Neera Mathur Vs. L.I.C
1992 A.I.R. S.C.392

UNIT 2
Hindu Law and related legislations
2.1 Instituton of Marriage, concept of
marriage Forms of Marriage,Hindu
Marriage Act, 1955 Definitions,,
Marriage Essentials,
T. Sareetha V.Venkata 13
Subbaiah A.I.R.1983 A.P.356
Saroj Rani V. Sudharshan
Kumar AIR 1984 SC1562
Shobhha Rani v. Madhukar
Reddy AIR 1988 SC 121
 Theories of Divorce Dastane V. Dastane
Seperation and Dissolution under AIR 1970 Bom 312
Hindulaw
Restitution of conjugal rights
Judicial separatioon,
Divorce , Grounds of Divorce, Divorce
by Mutual Consent
Jurisdiction and procedure

Amendments of 1976 Act

Trends in Marriage

( Live- in relationships, lesbian, gay,

bisexual, and transgender
marriages L G B T , Same sex
Marriages)
2.2 Prohibition of Child Marriage Act 2006 1
2.3 Special Marriage Act 1954, Matrimonial Valasamma Vs. Cochin 2
Reliefs under the said Act University 1996 .3 SCC.545
2.4 Marriage Laws Amendments Bill 2010 2
2.5 Family Courts Act 1984 , Protection of Prathiba Rani Vs. Suraj 2
Women from Domestic Violence Act, Kumar1985 AIR SC628
2005, Importance of Conciliation
2.6 Law before the enactment of Hindu Neelam Singh Vijaya Narayana 4
Adoption and Maintenance Act 1956, Singh AIR 1995 All. 214
Changes . Adoption, Maintenance Daniel Latiff Vs. Union of India
and Amendments 2001(7)SCC 740
2.7 Hindu Minority and Guardianship Act, Gita Hariharan Vs. R.B.I 1999 6
1956 , Meaning of Guardian Kinds of AIR SC 1149
Guardian Rights and obligations and
Disqualifications
2.8 Inter and intra country Adoptions CARA Lakshmi Kanth Pandey Vs. 2
regulations Union Of India 1984 AIR SC469
UNIT 3
Topic: Muslim Law of Marriage and divorce
3.1 Muslim Marriage , 5

Nature objects Essentials and validity

Obligations of Marriage Mehr
Divorce Laws
Dissolution of Muslim Marriage Under
Muslim Law
By Death,
by the act of either party
by mutual consent,
 By court
The Muslim Women ( Protection of
Rights on Divorce ) Act, 1986
3.2 Sec.125 Cr.P.C and Muslim Mohd. Ahmed Khan . Vs. Shah 2
Maintenance, Bano Begum AIR 1985 SC945
Uniform Civil Code
Maintenance under Cr.P.C. 1973

3.3 Guardian Ship Under Muslim Law 2

Entitlement to Guardianship
Rights, obligations and
disqualification of guardian under
Muaslim Law
UNIT 4
Christian Law

4.1 Christian Law of Marriage and Divorce 2

4.2 Divorce Act 1869 and 2001 2

amendments
-UNIT -5
Social Legislations
5.1 Protection of women against Domestic 2
Violence Act 2005
5.2 Section 498 A & 304 B of I.P.C and 2
Dowry Prohibition Act 1961
5.3 Maintenance and Welfare of Parents 2
and Senior Citizens Act 2007
5.4 Effect Of Law and Technology on the 2
Family institutions PNDT Act

Books for Reference

Sl. Author Title of the Book Publisher

No.

1. Mayne’s Hindu Law and Usage Bharat Law House, Delhi

2. Mulla Principles of Mohammedan Lexis & Nexis , DELHI

Law
3. Dr. Paras Diwan Hindu Law Allahabad Law Agency
Faridabad, Haryana

4. G.C.V. Subba Rao Family Law in India S. Gogia & Co, Hyd.

5. Flavia Agnes Family Laws and Oxford University Press

Constitutional Claims
New Delhi

6. Mulla Principles of Hindu Law Lexis & Nexis Delhi

Paras Diwan Family Law – Allahabad Law Agency

Kusum Family Law Lectures by Lexis Nexis

Kusum