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 38
8. Maitri Sambandh, Live-in Relationships and the Divided Home 43
9. The Hindu Marriage Act: Application, and Who is a Hindu 49
10. Conditions, Ceremonies and Registration of a Hindu Marriage 55
11. Child Marriage, and the Prohibition of Child Marriage Act 2006 61
12. Void and Voidable Marriages, and the Legitimacy of Their Children 68
13. Restitution of Conjugal Rights and Judicial Separation 74
14. Divorce: the Grounds under Section 13 80
15. Divorce by Mutual Consent, Alternate Relief and Remarriage 88
16. Bigamy and the Punishments the Act Imposes 95
17. Maintenance Pendente Lite, Permanent Alimony, Custody and Property 101
18. Jurisdiction, Procedure and Appeals 108
19. The Special Marriage Act: Scheme and Conditions 117
20. Notice, Objection and Solemnisation 123
21. Registration of Marriages Celebrated in Other Forms 130
22. The Effect on the Joint Family and on Succession 135
23. Nullity and Divorce under the Special Marriage Act 140
24. Restrictions on Petitions, Jurisdiction and Procedure 147
25. Penalties, Rules and Savings 154
26. What Domestic Violence Is, and Who May Complain 159
27. The Machinery: Protection Officers, Service Providers and Shelter 166
28. Proceedings before the Magistrate 173
29. The Five Orders the Magistrate Can Pass 178
30. Enforcement, Offences and Appeal 185
31. The Benami Act: What It Is, and the 2016 Change of Name 192
32. Prohibited Transactions, and the Four Exceptions 198
33. The Authorities, Notice and Adjudication 203
34. Confiscation, the Appellate Tribunal, Offences and the Rest 211
35. The Family Courts Act: Object, Establishment and Judges 220
36. The Jurisdiction of a Family Court 225
37. Procedure, Settlement, Evidence and the Right to a Lawyer 230
38. Judgment, Appeal, and the Administration of Gender Justice 237

Module II The Joint Hindu Family and Coparcenary

1. The Mitakshara Joint Family 243
2. Mitakshara Coparcenary: Formation and Incidents 248
3. Property under Mitakshara Law: Separate and Coparcenary 253
4. Dayabhaga Coparcenary, and Property under Dayabhaga Law 259
5. The Karta: Position, Powers, Privileges and Obligations 263
6. Alienation of Property: Separate and Coparcenary 269
7. Debts: the Doctrine of Pious Obligation and Antecedent Debt 275
8. Section 6: Devolution of Interest in Coparcenary Property 280
9. Partition: What It Is, Who Can Demand It, and How 286
10. Re-union 292
11. The Joint Family as a Social Security Institution 296
12. The Matrilineal Joint Family 302

Module III The Hindu Law of Succession

1. The Traditional Hindu Law of Succession, before 1956 307
2. The Hindu Succession Act: Scope, Application and Overriding Effect 312
3. Succession to the Property of a Hindu Male Dying Intestate 318
4. Devolution of Interest in a Mitakshara Coparcenary 323
5. Section 14: the Property of a Female Hindu 328
6. Succession to the Property of a Hindu Female Dying Intestate 333
7. The General Rules of Succession 338
8. Disqualifications Relating to Succession 344
9. Testamentary Succession, Escheat and the Remaining Sections 349

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

1. The Hindu Adoptions and Maintenance Act: Scope and Definitions 354
2. The Requisites of a Valid Adoption 359
3. The Effects of an Adoption 366
4. Maintenance of Wife, Children and Aged Parents 372
5. The Amount of Maintenance, and the Dependants 378
6. Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations 384
7. The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim 391
8. Transfer of Property, Abandonment and the Rest of the Senior Citizens Act 400
9. The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians 408
10. The Powers of a Natural Guardian, and the De Facto Guardian 416
11. The Guardians and Wards Act: Appointment of a Guardian 424
12. The Duties, Rights and Liabilities of a Guardian 436
13. Termination of Guardianship, Procedure and Appeal 445
14. Custody, Maintenance and Education of Children 454
15. The Uniform Civil Code: Article 44 and Religious Pluralism 462
16. Impediments to a Uniform Civil Code, and the Optional Code 473