Family Law II Notes | B.A. LL.B. (Five Year Course) Semester 7 | Mumbai University | munotes

Contents

Module I The Family, Marriage, and the Statutes That Govern Them

1. The Evolution of Marriage and the Family 1
2. Sanskritization, Westernization and Modernization 6
3. Religious Ritual and the Rules of Marriage 12
4. The Sources and the Schools of Hindu Law 17
5. Dowry, and the Dowry Prohibition Act 1961 23
6. Sati, and the Commission of Sati (Prevention) Act 1987 30
7. Types of Family: Lineage, Authority, Location and the Conjugal Unit 37
8. Maitri Sambandh, Live-in Relationships and the Divided Home 42
9. The Hindu Marriage Act: Application, and Who is a Hindu 48
10. Conditions, Ceremonies and Registration of a Hindu Marriage 54
11. Child Marriage, and the Prohibition of Child Marriage Act 2006 60
12. Void and Voidable Marriages, and the Legitimacy of Their Children 67
13. Restitution of Conjugal Rights and Judicial Separation 73
14. Divorce: the Grounds under Section 13 79
15. Divorce by Mutual Consent, Alternate Relief and Remarriage 87
16. Bigamy and the Punishments the Act Imposes 94
17. Maintenance Pendente Lite, Permanent Alimony, Custody and Property 100
18. Jurisdiction, Procedure and Appeals 107
19. The Special Marriage Act: Scheme and Conditions 115
20. Notice, Objection and Solemnisation 120
21. Registration of Marriages Celebrated in Other Forms 127
22. The Effect on the Joint Family and on Succession 132
23. Nullity and Divorce under the Special Marriage Act 137
24. Restrictions on Petitions, Jurisdiction and Procedure 144
25. Penalties, Rules and Savings 151
26. What Domestic Violence Is, and Who May Complain 156
27. The Machinery: Protection Officers, Service Providers and Shelter 163
28. Proceedings before the Magistrate 170
29. The Five Orders the Magistrate Can Pass 175
30. Enforcement, Offences and Appeal 182
31. The Benami Act: What It Is, and the 2016 Change of Name 189
32. Prohibited Transactions, and the Four Exceptions 195
33. The Authorities, Notice and Adjudication 200
34. Confiscation, the Appellate Tribunal, Offences and the Rest 207
35. The Family Courts Act: Object, Establishment and Judges 216
36. The Jurisdiction of a Family Court 221
37. Procedure, Settlement, Evidence and the Right to a Lawyer 226
38. Judgment, Appeal, and the Administration of Gender Justice 232

Module II The Joint Hindu Family and Coparcenary

1. The Mitakshara Joint Family 238
2. Mitakshara Coparcenary: Formation and Incidents 243
3. Property under Mitakshara Law: Separate and Coparcenary 248
4. Dayabhaga Coparcenary, and Property under Dayabhaga Law 254
5. The Karta: Position, Powers, Privileges and Obligations 258
6. Alienation of Property: Separate and Coparcenary 264
7. Debts: the Doctrine of Pious Obligation and Antecedent Debt 270
8. Section 6: Devolution of Interest in Coparcenary Property 275
9. Partition: What It Is, Who Can Demand It, and How 281
10. Re-union 287
11. The Joint Family as a Social Security Institution 291
12. The Matrilineal Joint Family 297

Module III The Hindu Law of Succession

1. The Traditional Hindu Law of Succession, before 1956 302
2. The Hindu Succession Act: Scope, Application and Overriding Effect 307
3. Succession to the Property of a Hindu Male Dying Intestate 313
4. Devolution of Interest in a Mitakshara Coparcenary 318
5. Section 14: the Property of a Female Hindu 323
6. Succession to the Property of a Hindu Female Dying Intestate 328
7. The General Rules of Succession 333
8. Disqualifications Relating to Succession 339
9. Testamentary Succession, Escheat and the Remaining Sections 344

Module IV Adoption, Maintenance, Guardianship and the Uniform Civil Code

1. The Hindu Adoptions and Maintenance Act: Scope and Definitions 348
2. The Requisites of a Valid Adoption 353
3. The Effects of an Adoption 360
4. Maintenance of Wife, Children and Aged Parents 366
5. The Amount of Maintenance, and the Dependants 372
6. Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations 378
7. The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim 385
8. Transfer of Property, Abandonment and the Rest of the Senior Citizens Act 394
9. The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians 402
10. The Powers of a Natural Guardian, and the De Facto Guardian 410
11. The Guardians and Wards Act: Appointment of a Guardian 418
12. The Duties, Rights and Liabilities of a Guardian 430
13. Termination of Guardianship, Procedure and Appeal 439
14. Custody, Maintenance and Education of Children 448
15. The Uniform Civil Code: Article 44 and Religious Pluralism 456
16. Impediments to a Uniform Civil Code, and the Optional Code 467