I: Paper-II : Family Law-I (Hindu Law)
Structured subject study centre with syllabus, unit-wise notes, quick references, important statutes and charts.
Subject introduction
Family Law–I (Hindu Law) is an important branch of personal law that governs family relationships and related legal matters among Hindus in India. It is primarily regulated by the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Adoption and Maintenance Act, 1956, and the Hindu Minority and Guardianship Act, 1956. The subject deals with the sources and schools of Hindu law, marriage, matrimonial remedies, divorce, maintenance, adoption, guardianship, joint Hindu family, coparcenary, succession and inheritance. It also explains how traditional Hindu legal principles have been modified through legislation and judicial decisions to promote equality, individual rights and social justice. Its central purpose is to regulate family rights and obligations while providing legal remedies for disputes arising within Hindu families.
Syllabus
PAPER-II:
FAMILY LAW–I (Hindu Law)
Unit-I:
Sources of Hindu Law – Scope and application of Hindu Law – Schools of Hindu Law - Mitakshara and Dayabhaga Schools – Concept of Joint Family, Coparcenary, Joint Family Property and Coparcenary Property – Institution of Karta- Powers and Functions of Karta - Pious Obligation - Partition – Debts and alienation of
property.
Unit-II:
Marriage - Definition - Importance of institution of marriage under Hindu Law – Conditions of Hindu Marriage – Ceremonies and Registration – Monogamy – Polygamy-Recent Trends in the institution of marriage.
Unit-III:
Matrimonial Remedies under the Hindu Marriage Act, 1955 - Restitution of Conjugal Rights – Nullity of marriage – Judicial separation – Divorce – Maintenance pendente lite – importance of conciliation- Role of Family Courts in Resolution of matrimonial disputes.
Unit-IV:
Concept of Adoption – Historical perspectives of adoption in India – In country and intercountry adoptions - Law of Maintenance - Law of Guardianship – The Hindu Adoption and Maintenance Act, 1956 – The Hindu Minority and Guardianship Act 1956.
Unit-V:
Succession – Intestate succession – Succession to the property of Hindu Male and Female; Dwelling House – The Hindu Succession Act, 1956 as amended by the Hindu Succession (Andhra Pradesh Amendment) Act, 1986 & the Hindu Succession (Amendment) Act, 2005 – Notional Partition – Classes of heirs – Enlargement of limited estate of women into their absolute estate – Daughter’s right to inherit ancestral property and impact of recent changes in law.
Suggested Readings:
1. Paras Diwan : Modern Hindu Law, Allahabad Agency, Delhi.
2. Paras Diwan : Family Law, Allahabad Agency, Delhi.
3. Mayne: Hindu Law - Customs and Usages , Bharat Law House, New Delhi.
4. Sharaf: Law of Marriage and Divorce.
5. G.C.V. Subba Rao, Family Law in India, S. Gogia & Company, Hyderabad.
6. Mayne’s Treatise on Hindu Law & Usage, Bharath Law House.
7. Y.F. Jaya Kumar, Horizons of Family Law in India-Select Essays(2017) ,
Spandana Publications, Secunderabad