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LL.B. (Three Years) Family Law II Syllabus - Mumbai University

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Family Law II Syllabus.pdf
Semester 3 · Second Year · 4 credits

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Syllabus for Family Law II

Semester 3 · Second Year · 4 credits

Module I

  • 1.1 Evolution of the institution of marriage and family.
  • 1.2 Role of religious rituals and practices in molding the rules regulating to marital relations.
  • 1.3 Types of family based upon
  • Lineage – patrilineal, matrilineal
  • Authority structure patriarchal and matriarchal
  • Location- patrilocal and matrilocal
  • Number of conjugal units-nuclear, extended, joint and composite.
  • 1.4 Emerging concepts: Maitri Sambandh and divided home
  • 1.5 Hindu Marriage Act 1955
  • 1.6 Benami Transaction Act, 2016
  • 1.6 Special Marriage Act, 1954
  • 1.7 Domestic Violence Act, 2005
  • 1.8 Establishment of family Courts – Family Courts Act, 1984
  • Constitution, power and functions
  • Administration of gender justice

Module II

  • 2.1 Mitakshara joint family
  • 2.2 Mitakshara coparcenary-formation and incidents Property under Mitakshara law-separate property and coparcenary property.
  • 2.3 Dayabhaga coparcenary-formation and incidents Property under Dayabhaga law.
  • 2.4 Karta of the joint family-his position, powers, privileges and obligations.
  • 2.5 Alienation of property-separate and coparcenary
  • 2.6 Debt-doctrines of pious obligations and antecedent debt.
  • 2.7 Sec.6- Devolution of interest in coparcenary property under Hindu Succession Act.
  • 2.8 Partition and re-union.
  • 2.9 Joint Hindu family as a social security institution and impact of Hindu Gains of Learning Act and various tax laws on it.
  • 2.10 Matrilineal joint family.

Module III

  • 3.1 Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956.
  • 3.2 Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession Act 1956.
  • 3.3 Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956.
  • 3.4 Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956.
  • 3.5 Disqualification relating to succession
  • 3.6 General rules of succession

Module IV

  • 4.1 Hindu Adoptions and Maintenance Act, 1956
  • 4.2 Adoption by members of other religion with special reference to CARA Rules
  • 4.3 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
  • 4.4 The Hindu Minority and Guardianship Act, 1956
  • 4.5 Uniform Civil Code-
  • 4.5.1 Custody, maintenance and education
  • 4.5.2 Guardianship and parental rights – welfare of the child principle.
  • Uniform Civil Code
  • 4.5.1 Religious pluralism and its implications.
  • 4.5.2 Connotations of the directive contained in Article 44 of the Constitution.
  • 4.5.3 Impediments to the formulation of the Uniform Civil Code
  • 4.5.4 The idea of Optional Uniform Civil Code.

Recommended Resources

  • 1 Modern Hindu Law by Dr. Paras Diwan, Allahabad Law Agency
  • 2 Hindu Law by Sir Dinshaw Fardunji Mulla, Lexis Nexis
  • 3 Hindu Law by G.C.V. Subba Rao, Gogia Law Agency
  • 4 Hindu Law by B. M. Gandhi, Eastern Book Company
  • 5 Supreme Court on Hindu law by Hari Devi Kohli, Universal Law Publication
  • 6 Hindu Law and Constitution by A. M. Bhattacharjee, Eastern Law House

Reproduced from the University of Mumbai Revised Syllabus for LL.B. (3 years) (CBCS), in force from the academic year 2022-23 and amended in June 2023. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

This subject is cut from the revised syllabus. Open a document here if you want the whole thing rather than a single subject.

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