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BLS LLB Family Law I Syllabus Sem 6 - Mumbai University | munotes

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Family Law I Syllabus.pdf
Semester 6 · Third Year · 4 credits

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Syllabus for Family Law I

Semester 6 · Third Year · 4 credits

Module I

  • 1.1 Sources of Muslim Law Shariat Application Act, 1937 Sources of Mohammedan Law Primary Source – Quran, Sunna, Ijma, Qiyas Other Sources - Custom Modern Sources – Judicial Precedents, Legislation, Equity, Justice, and Good Conscience
  • 1.2 Schools of Muslim Law Sunni Schools of Muslim Law - Hanafi School, Maliki School, Shafie School, Hanbali School Shia Schools of Muslim Law - Zaidya School, Ismailya School, Ithna Ashari School
  • 1.3 Concept of Marriages and Mehr under Muslim Law Essential requisites of Valid Muslim Marriage Kinds of Muslim Marriage Valid Marriage, Void Marriage, Irregular Marriage Concept of Iddat Muta Marriage Doctrine of Puberty (Option of Puberty) Concept of ‗Halala Marriage‘ Concept of Mehr and its Classification

Module II

  • 2.1 Dissolution of Muslim Marriage Kinds of dissolution of Muslim Marriage -Death of Spouse, By the Husband Divorce - Necessity of Divorce, Conditions for the effectiveness of Talaq, Oral Talaq, Talaq in writing Talaq-al-S -unna & Talaq-al-Biddat - By the wife, Talaq-e-Tawfid Divorce by Mutual Consent Khula Mubarrat Judicial Divorce (Ila, Zihar, Lian) Dissolution of Muslim Marriage Act, 1939 Criminalization of Triple Talaq
  • 2.2 Maintenance General Principles of Maintenance Persons entitled for Maintenance under Personal Law Maintenance under Section 125 (1) (a) of Cr. P. C., 1973 Muslim women (protection on right to divorce) Act, 1986
  • 2.3 Paternity Legitimacy, Parentage and Acknowledgment Parentage The legitimacy of children, Presumption of Legitimacy Acknowledgement of Paternity Conditions of a valid acknowledgement
  • 2.4 Guardianship Custody (Wali) & Hijnat Definition of Guardian Classification of Guardianship Power of Guardian Disqualification of Guardian
  • 2.5 Property Hiba Doctrine of Pre emption Mutawali- powers and duties

Module III

  • 3.1 The Parsi Marriage and Divorce Act 1936:
  • Parsi Marriage
  • Dissolution of Parsi Marriage
  • Alimony
  • Custody of Children
  • Parsi Matrimonial Courts
  • 3.2 The Indian Christian Marriage Act, 1872 Essentials for solemnization of marriage - An authorized person for solemnization of marriage, Time, Place & Registration of Marriage Registration of Marriage Marriages of Indian Christian Penalties and Miscellaneous provisions
  • 3.3 Divorce Act 1869 Dissolution of Marriage (Nullity of Marriage, Divorce, Judicial Separation, Restitution of Conjugal Rights) Protection orders Alimony, Settlements, custody of Children, remarriage Court Procedure and Miscellaneous

Module IV

  • Indian Succession Act, 1925
  • 4.1 Introduction Scheme of the Act Application of the Act
  • 4.2 Domicile Kinds of Domicile
  • 4.3 Inheritance (For other than Parsis) Meaning of Intestacy Meaning of Consanguinity Rules of Inheritance
  • 4.4 Law of Inheritance for Parsis Rules of Inheritance
  • 4.5 Testamentary Succession Wills Residuary Legatees, Lapsing of Legacies Bequest to Unborn Person or Non- Existing Person Rule against Perpetuity Onerous Gifts, Conditional Gifts Kinds of Legacies Ademption of Legacies

SUGGESTED READINGS

  • 1 Tahir Mahmood, The Muslim Law of India, Law Book Company
  • 2 Mulla, Principles of Mohammadan Law, Lexis Nexis
  • 3 A.A. Fyzee, Outlines of Mohammadan Law, Oxford University Press
  • 4 Aquil Ahmed, Textbook of Mohammadan
  • 5 Paras Divan, Family law
  • 6 M.P. Tandon, Muslim Law in India
  • 7 Prof. G. C. V. Subba Rao, Family law in India
  • 8 B B Mitra - Indian Succession Act, 1925
  • 9 A. A. A Fyzee - Outlines of Mohammedan Law
  • 10 D. D Basu - Law of Succession
  • 11 Paras Diwan - Family Law: Law of Marriage and Divorce in India
  • 12 A. M Bhattachargee - Muslim Law and the Constitution

Reproduced from the University of Mumbai Revised Syllabus for LL.B. (5 years) Five Years Integrated Course (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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