FAMILY LAW–I (Hindu Law)

FAMILY LAW–I (Hindu Law)

Unit-I: 

 (THE UNCODIFIED HINDU LAW)

  1. Sources of Hindu Law
    • The Ancient/Traditional Hindu Law
    • Vedas(Srutis)
    • Smritis
    • Customs
    • Modern Sources
    • Codified Hindu Law
  2. Schools of Hindu Law-Mitakshara and Dayabhaga Schools
    • Distinction between the Mitakshara and the Dayabhaga Schools
    • Sub schools of Mitakshara
  3. Custom as a Source of the Hindu Law
    • "clear proof of usage will outweigh the written text of law"
  4. Applications of the Hindu Law
    • persons governed by the Hindu Law
    • Effects of Conversion
  5. Concept of Joint Family,Coparcenary-Joint Family Property and Coparcenary Property -Institution of Karta,Powers and Functions of Karta
    • Coparcenary
    • Coparcenary Property
    • Ancestral Property
    • Hindu Joint Family
    • Members of Undivided Hindu Joint Family
    • Powers of Karta
    • Functions,Duties and Liabilities of Karta
    • Advantages of the Joint Hindu Family System
    • Distinction between the Joint Hindu Family and Coparcenary
    • Distinction between Joint Property/Joint Tenancy and the Joint Hindu Family Property/Coparcenary Property
    • Composite Family
    • Self Acquired Property
    • Position of Coparcenary/Joint Family Property after the Hindu Succession (Amendment) Act.2005
  6. Partition & Impartible Property
    • Law Before the Hindu Succession(Amendment) Act,2005
    • Partition
    • Subject Matter of Partition
    • Persons entitled for Partition
    • Mode of Partition
    • Allotment of Shares
    • Reopening for Partition
    • Re-Union
    • Partial Partition
    • Impartible Property
    • Present Position of Partition of Coparcenary/Joint Family Property after The Hindi Succession (Amendment) Act,2005.
  7. Debts-Antecedent Debts, Vyavaharika and Avyavaharika Debts-Doctrine of Pious Obligation
    • Before the Commencement of the Hindu Succession (Amendment) Act,2005
    • Debt/Antecedent Debt/Vyavaharika Debt
    • Avyavaharika Debt
    • Doctrine of Pious Obligation
    • Present Position  after the Commencement of the Hindu Succession (Amendment) Act,2005 
    • Pious Obligation

Unit-II:

(CODIFIED HINDU LAW)
  1. Marriage - Definition-Importance of institution of marriage under Hindu Law
    • Basic Features of the Hindu Marriages
  2. Conditions to be fulfilled for a valid Marriage under the of The Hindu Marriage Act.
  3. Ceremonies of a Hindu Marriages
  4. Registration of the Hindu Marriages
    • The Andhra Pradesh Compulsory Registration of Marriage Act,2002
  5. Kinds of Marriages
    • Monogamy
    • Polygamy/Bigamy
    • Polyandry
    • Polygny
    • Cenogamy
    • Endogamy & Exogamy


Unit-III:

MATRIMONIAL REMEDIES UNDER THE HINDU MARRIAGE ACT,1995
  1. Resolution of Conjugal Rights
  2. Judicial separation
    • Distinction between Judicial Separation and Divorce
  3. Nullity of Marriage-Void Marriages
  4. Nullity of Marriage-Voidable Marriages
  5. Divorce
    • Grounds on which Hindu Wife or Husband can seek Divorce
    • Grounds on which Hindi Wife can seek Divorce
    • Procedure
  6. Divorce by Mutual Consent
  7. Changes brought by Amendment Act No. 68 of 1976.
  8. Legitimacy of Children of Void and Voidable Marriages.
  9. THE FAMILY COURT ACT,1984.
    • The Family Court Act,1984
    • The Protection of Women from Domestic Violence Act,2005.
    • Importance of Conciliation.
  10. Effects and After Consequences of the Nullity of Marriage/Divorce.


Unit-IV:

THE HINDU ADOPTION AND MAINTENANCE ACT,1996
ADOPTIONS:
  1. Concept of Adoption-Law of Adoption-Secular or Spiritual
    • Two Texts
    • Effect of the Two Texts and the Metaphor on the Evolution of the Law of Adoption
  2. Law of Adoption-Secular or Spiritual
    • Changes before and after the Hindu Adoptions and Maintenance Act,1956.
  3. Essentials of Valid Adoption
  4. Effects of Adoption
    • Adopted Son and after born Aurasa Son
    • Factum Valet
  5. Ante Adoption Agreement
  6. Factum Valet
  7. Doctrine of Relation Back

MAINTENANCE:
  1. Maintenance of Wife
    • Avarudha Stri
    • Children of Avarudha Stri
  2. Maintenance of Daughter-in-Law
  3. Maintenance of Dependants
  4. Amount of Maintenance.


Unit-V:

THE HINDU MINORITY AND GUARDIANSHIP ACT,1956
  1. Changes brought by Act 32 of 1956
  2. Natural Guardians
  3. Testamentary Guardians
  4. Guardian Appointed by the Court
    • The Guardians & Wards Act,1869
    • The Inter Country Adoptions
  5. De Facto Guardians
    • Distinction between De Jure and Facto Guardians
    • Distinction between Testamentary and De Facto Guardians
    • Guardian Ad Hoc
    • Guardian Ad Litem

Unit-VI:

THE HINDU SUCCESSION ACT,1956
  1. Devolution of interest in Coparcenary Property
    • Law before the Hindu Succession(Amendment) Act,2005
    • Theory of National or Deemed Partition
    • Law after the Hindu Succession (Amendment) Act,2005
      • The Hindu Succession Act not to apply to certain properties
      • Devolution of interest in property of a Tarwad,Tavazhi,Kutumba,Kavaru or illom
    • Aliyasanta Law
    • Marumakkathayam Law
  2. The General Rules of succession in the case of Males
    • Before the Commencement of the Hindu Succession (Amendment) Act,2005.
    • Agnates
    • Cognates
    • Full Blood
    • Half Blood
    • Uterine Blood
    • After the Commencement of the Hindu Succession (Amendment) Act,2005
  3. Stridhan/Woman's Estate (Limited Estate) 
    • Before the Commencement of the Hindu Succession (Amendment) Act,2005
    • Stridhan
    • Women's Estate (Limited Estate)
    • Distinction between Life Estate and Limited Estate
    • The Hindu Disposition of Property Act,1916
    • The Hindu Women's Rights to Property Act,1937
    • Doctrine of surrender of Limited Estate/Women's Estate
    • Abolition of Stridhan/Limited Estate/Women's Estate
    • After the Commencement of the Hindu Succession (Amendment) Act,2005
  4. General Rules of Succession to the Property of Females/The Position of Daughter in the Hindu Succession Act.
    • Before the Commencement of the Hindu Succession (Amendment) Act,2005
    • The Position of Daughter in the Hindu Succession Act.
  5. Fundamental Changes Brought by the Hindu Succession Act,1956.
  6. Changes introduced in the Hindu Succession Act,1956 by the A.P. Act of 1986
    • Changes introduced in the Hindu Succession Act,1956 by the State of Tamil Nadu. Act of 1990
    • Changes introduced in the Hindu Succession Act,1956 by the State of Maharashtra. Act of 1994.
    • Changes introduced in the Hindu Succession Act,1956 by the State of Karnataka. Act of 1994
  7. Changes introduced in the Hindu Succession Act,1956 by the Central Act No 39 of 2005. Act of 1986 
  8. Right of Dwelling House [Sec.23 Repealed]
  9. Disqualifications
  10. Escheat
  11. Testamentary Succession
    1. Before the Commencement of the Hindu Succession (Amendement) Act,2005.
    2. After the Commencement of the Hindu Succession (Amendment) Act,2005.
    Suggested Readings:

    1. Paras Diwan : Modern Hindu Law, Allahabad Agency, Delhi.
    2. Paras Diwan : Family Law, Allahabad Agency, Delhi.
    3. Mayne: Hindu Law - Customs and Usages , Bharat Law House, New Delhi.
    4. Sharaf: Law of Marriage and Divorce.
    5. G.C.V. Subba Rao, Family Law in India, S. Gogia & Company, Hyderabad.
    6. Mayne’s Treatise on Hindu Law & Usage, Bharath Law House.
    7. Y.F. Jaya Kumar, Horizons of Family Law in India-Select Essays(2017) ,
    Spandana Publications, Secunderabad




    Acts Related to Hindu Law:
    1. The Hindu Marriage Act, 1955
    2. Hindu Succession Act, 1956
    3. The Hindu Minority and Guardianship Act (1956)
    4. The Hindu Adoptions and Maintenance Act (1956)
    Subscribe to: Posts (Atom)