Family Law facts

Below are the facts about family law which inculdes womens rights in India and human rights law.

Family Law-I

1.Marriage and Kinship
1.1. Evolution of the institution of marriages and family
1.2. Role of religion, rituals and practices in moulding the rules regulating marital
relations
1.3. Types of family based upon; lineage-patrilineals, matrilineal, authority, structure
patriarchal and martriarchal, location-patrilocal and matrilocal and number of
conjugal units nuclear extended, joint and composite.
1.4. Applicability of law
1.4.1. Who is a Hindu?
1.4.1.1. Who is s Muslim?
1.4.1.2. Who is a Christian?
1.4.2. Sources of Hindu law, Muslim law and Christian law

2. Customary practices and the State

2.1. Polygamy
2.2. Concubinage
2.3. Child marriage
2.4. Sati
2.5. Dowry
2.6. State intervention through various legal measures

3. Conversion and its effect on family

3.1. Marriage
3.2. Adoption
3.3. Guardianship
3.4. Succession

4. Matrimonial Remedies

4.1. Non-judicial resolution of marital conflict problems
4.1.1.Customary dissolution of marriage-unilateral divorce, divorce by mutual
consent and other modes of dissolution
4.1.2.Divorce under Muslim personal law-Talaq and Talaq-e-tafweez
4.2. Judicial resolution of marital conflict problems A general perspective of matrimonial
fault theory and principles of irretrievable breakdown of marriage
4.3. Nullity of marriage
4.4. Option of puberty
4.5. Restitution of conjugal rights
4.6. Judicial separation
4.7. Desertion-a ground for matrimonial relief
4.8. Cruelty-a ground for matrimonial relief
4.9. Adultery- a ground for matrimonial relief
4.10. Other grounds for matrimonial relief
4.11. Divorce by mutual consent under Special Marriage Act, 1954, Hindu Marriage Act,
1955 and Muslim law(Khula and Mubaraat).
4.12. Bars to matrimonial relief
4.12.1. Doctrine of strict proof
4.12.2. Taking advantage of one’s own wrong and disability
4.12.3. Accessory
4.12.4. Connivance
4.12.5. Collusion
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4.12.6. Condonation and process for divorce in India.
4.12.7. Improper or unnecessary delay
4.12.8. Residuary clause-no other legal ground exists for refusing the
matrimonial relief

5. Alimony and maintenance

5.1. Maintenance of neglected wives, divorced wives, minor children, disabled children
and parents who are unable to support themselves under the Code of Criminal
Procedure, 1973
5.2. Alimony and maintenance as an independent remedy-a review under different
personal laws
5.3. Alimony and maintenance as ancillary relief, alimony, pendentilite and permanent
maintenance
5.4. Maintenance of divorced Muslim women under The Muslim Women (Protection of
Rights on divorce) Act, 1996-a critical review

6. Child and the Family

6.1. Legitimacy
6.2. Adoption
6.3. Custody, maintenance and education
6.4. Guardianship

7. Family and its changing patterns

7.1. New emerging trends
7.1.1.Attenuation of family ties
7.1.2.Working women and their impact on spousal relationship, composition of
family, status and role of women and decision making authority structure.
7.2. Factors affecting the family-demographic, environmental, religious, legislative
7.3. Process of social change in India-Sanskritisation, Westernization, secularization,
universalisation, partiarchilisation and modernization including industrialization and
urbanization

8. Establishment of Family court

9. Securing of a Uniform Civil Code
9.1. Religious pluralism and its implication
9.2. Connotations of the directive contained in Article 44 of the Indian Constitution
Impediments to the formulation of the Uniform Civil Code

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Family Law – II

1. JOINT HINDU FAMILY (MITHAKSHARA AND DAYABHAGA)
1.1. Mithakshara Joint Families
1.2. Mithakshara coparcenary – formation and incidents, Property under Mithakshara law
– separate property
1.3. coparcenery properties
1.4. Dayabhaga coparcenary - formation and incidents
1.5. Property under Dayabhaga law Kartha of the Joint Family – his position, powers
privileges and obligations
1.6. Alienation of property – separate and coparcenary
1.7. Debts – Doctrine of Pious Obligation and antecedent debt
1.8. Partition and Re – union

2.Joint Hindu Family as a social security institution and impact of Hindu Gains of
Learning Act and various tax laws in it

3.INHERITANCE
3.1. Hindus
3.2. Historical perspective of traditional Hindu Law as background to the study of Hindu
Succession Act,1956.
3.3. Succession to property of a Hindu male dying intestate under the provisions of
Hindu Succession Act, 1956
3.4. Devolution of interest in Mithakshara coparcenary with reference to the provisions of
Hindu Succession Act, 1956
3.5. Succession to property of Hindu female dying intestate under the Hindu Succession
Act, 1956
3.6. Disqualifications relating to Succession
3.7. General rules of Succession
3.8. Marumakkattayam and Aliyasantana Laws governing people living in Travancore,
Cochin and the districts Malabar and South Canara

4.NEW PROPERTY CONCEPTS, SUCH AS SKILL, JOB ETC, AS NEW
FORMS OF PROPERTY

5.SETTLEMENT OF SPOUSAL PROPERTY:
5.1. A need for development

6.MUSLIM LAW OF INHERITANCE AND SUCCESSION
6.1. Rules governing Sunni and Shiva law of inheritance
6.2. Differences between Shia and Sunni laws
6.3. Administration of Estates

7.Wills under Muslim Law

8.INDIAN SUCCESSION LAW
8.1. Domicile
8.2. Intestate succession

9.Will – Codicil
9.1. Interpretation - re vocation of will
9.2. Bequests – Conditional – Contingent or void bequests
9.3. Legacies
9.4. Pro- Sale and letter of administration
9.5. Executor – Administrators
9.6. Succession – Certificatio

 

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