Family Law I (Hindu Law) Notes | B.A. LL.B. (Five Years) Semester 5 | KSLU | munotes

Contents

Unit I

1. Family Law I: What This Paper Covers, and How to Read This Book 1
2. The Concept of Dharma 5
3. The Ancient Sources: Sruti, Smriti, and the Commentaries and Digests 12
4. Custom: What It Is, What a Valid Custom Needs, and How It Is Proved 18
5. The Modern Sources: Legislation, Precedent, and Justice, Equity and Good Conscience 25
6. The Sources and the Schools of Hindu Law 31
7. The Dharmashastra and the Modern Statutes 37
8. The Hindu Marriage Act: Application, and Who is a Hindu 43
9. Who Is a Hindu: by Birth, by Conversion and by Reconversion 49

Unit II

1. The Evolution of Marriage and the Family 55
2. Types of Family: Lineage, Authority, Location and the Conjugal Unit 60
3. Religious Ritual and the Rules of Marriage 65
4. Hindu Marriage Law before the Act of 1955 70
5. Conditions, Ceremonies and Registration of a Hindu Marriage 75
6. Child Marriage, and the Prohibition of Child Marriage Act 2006 81
7. Void and Voidable Marriages, and the Legitimacy of Their Children 88
8. Restitution of Conjugal Rights and Judicial Separation 94
9. Divorce: the Grounds under Section 13 100
10. Divorce by Mutual Consent, Alternate Relief and Remarriage 108
11. Bigamy and the Punishments the Act Imposes 115
12. Maintenance Pendente Lite, Permanent Alimony, Custody and Property 121
13. Jurisdiction, Procedure and Appeals 128
14. What the Marriage Laws (Amendment) Act 1976 Changed 137
15. Dowry, and the Dowry Prohibition Act 1961 142

Unit III

1. The Mitakshara Joint Family 149
2. Mitakshara Coparcenary: Formation and Incidents 154
3. Section 6: Devolution of Interest in Coparcenary Property 159
4. Property under Mitakshara Law: Separate and Coparcenary 165
5. Dayabhaga Coparcenary, and Property under Dayabhaga Law 171
6. The Joint Family as a Social Security Institution 175
7. The Matrilineal Joint Family 181
8. The Karta: Position, Powers, Privileges and Obligations 186
9. Alienation of Property: Separate and Coparcenary 192
10. Debts: the Doctrine of Pious Obligation and Antecedent Debt 198
11. Partition: What It Is, Who Can Demand It, and How 203
12. Re-union 209
13. Religious and Charitable Endowments: What They Are and What a Valid One Needs 213
14. The Idol, the Shebait and Debutter Property 219
15. The Math and the Mahant 225
16. The Karnataka Hindu Religious Institutions and Charitable Endowments Act 1997 230

Unit IV

1. The Traditional Hindu Law of Succession, before 1956 237
2. The Hindu Succession Act: Scope, Application and Overriding Effect 242
3. Succession to the Property of a Hindu Male Dying Intestate 248
4. Devolution of Interest in a Mitakshara Coparcenary 253
5. Section 14: the Property of a Female Hindu 258
6. Stridhana: the Woman's Own Property 263
7. Succession to the Property of a Hindu Female Dying Intestate 268
8. The General Rules of Succession 274
9. Disqualifications Relating to Succession 280
10. Amendments to the Hindu Succession Act: the State Acts and the Act of 2005 285
11. Gift 291
12. Gifts under Hindu Law 297
13. Testamentary Succession, Escheat and the Remaining Sections 302
14. Wills: What One Is and Who May Make One 307
15. How an Unprivileged Will Is Executed 316
16. Revocation, Alteration and Revival of a Will 324

Unit V

1. The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians 333
2. The Powers of a Natural Guardian, and the De Facto Guardian 341
3. The Guardians and Wards Act: Appointment of a Guardian 349
4. The Duties, Rights and Liabilities of a Guardian 361
5. Termination of Guardianship, Procedure and Appeal 370
6. The Hindu Adoptions and Maintenance Act: Scope and Definitions 379
7. The Requisites of a Valid Adoption 384
8. The Effects of an Adoption 391
9. Maintenance: the Traditional Rights 397
10. Maintenance of Wife, Children and Aged Parents 402
11. The Amount of Maintenance, and the Dependants 408