Академический Документы
Профессиональный Документы
Культура Документы
F01 (C)
Issue No.04 Rev. No 4 Dated : June 7, 2014
COURSE PLAN
Approved By
_______________________ _______________________
HOD Dean
COURSE PLAN
B. TECH.,
LL.B.ET&IPR, CS &
Cyber Law (Hons.)
B. COM., LLB.
(Hons.) Taxation Laws
A. OBJECTIVES:
Family Law is the branch of law, which touches each individual of the society. It governs
an integral part of the life of the individual. The fundamentals of Family Law i.e. basic
understanding of the personal laws Hindus, Muslims, Christians, Parsis & Jews, the
knowledge of law governing marriage, divorce, maintenance , adoption and guardianship.
Outcome:
1. Understand the fundamentals of law with commitment towards learning.
2. Interpret the conceptual basis of legal principles with comparative analysis.
3. Research, analyze, rationalize and present effectively.
4. Apply the legal principles and procedures in practice.
Students will
be able to
conceptually
explain the
fundamentals
of law with
comparative
understanding
of legal
systems in
interface with
Tax
administration
and regulation
in India
Students will
be able to
exhibit
effective
corporate
lawyering
skills,
employing
legal research,
analysis,
rationalisation
and critical
thinking ability
Students will
exhibit
commitment,
leadership,
team building
and networking
skills in legal
world.
Understand
the
fundamentals
of law with
commitment
towards
learning.
Interpret the
conceptual
basis of legal
principles
with
comparative
analysis.
Research,
analyze,
rationalize
and present
effectively.
Apply the
legal
principles
and
procedures in
practice.
Concept of Marriage
Nature of Marriage
Essential Conditions of Marriage
Registration of Marriage
Hindu Marriage Act,1955
Muslim Marriage
The Indian Christian Marriage Act, 1872
The Parsi Marriage and Divorce Act,1936
Special Marriage Act,1954
• Substantive Reliefs
Annulment
Restitution of conjugal Rights
Judicial separation
Theories of Divorce
Conditions for grant of matrimonial remedies
Hindu Marriage Act,1955
Indian Divorce Act,1869
Matrimonial Remedies for Muslims (Talaq, Ila, Zihar, Tafwiz, khula, Mubara)
Muslim wife’s grounds of divorce, Dissolution of Muslim Marriage Act, 1939,
Bars to Matrimonial Relief.
Dower
Types of Dower
Nature of Dower
Muslim Women’s right on non-payment of Dower
Dower whether heritable or transferable
Offences against Marriage
Composition
Power and functions of Family Courts (Family Courts Act 1984)
Article 44 of the Indian Constitution
Live-in relationship
Concept of Palimony
Surrogacy
C. PED AGOGY
Interactive approach during the course of learning (Students are supposed to come prepared for
the topics for discussion in the class/ case studies/ Presentations/ Viva-voce). The main tools of
teaching may be summarized as under:
• Lectures (PPT’s)with Question and Answer Sessions
• Case Law Analysis
• Assignments
• Simulation Exercises- CRE’s
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5
components:
a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks]
b. Assignment-1 20 Marks
c. Project work 20 Marks (Abstract, Synopsis, final draft and
presentation)
Or
Court Room Exercise 20 Marks (Memorial + Presentation)
Or
Case Comment 20 Marks (Case Brief + Presentation)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the
details of each component are as follows:
a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand
written, to submit/present on a definite date fixed for the same. It will have 20% weightage
for internals. Individual Viva-voce will be conducted on the assignment.
a. Every student will be given individual topic, Land mark current and old Cases covering
the syllabus.
b. Students are supposed to go through primary/secondary data to submit Abstract,
Synopsis and Final draft of the project.
c. Final draft of the project should be submitted in minimum 10 pages.
d. Students are also required to give their presentation by the due date unless an extension
has been granted. Extensions must be requested by email prior to the due date.
e. The duration of a group presentation will be 10 minutes; followed by 5-10 minutes
discussion/query session
f. It will have 20% weightage for internals.
c) Snap tests
a. There will be two snap tests during the course of semester.
b. One snap test will be conducted before mid-semester and the second one will be
conducted before end-semester.
c. The components of the snap test would include multiple choice questions/short answer
type questions/problem based questions.
d. Prior information will be given regarding the snap test.
e. It will have 20% weightage for internals.
e) Attendance
a. It will have 20% weightage for internals.
b. Formula for attendance marks
67-75 % 0 Marks
75-80% 5 Marks
80-85% 10 Marks
85-90% 15 Marks
90%-100% 20 Marks
Student has to secure minimum 40% marks of the “highest marks in the class
scored by a student in that subject (in that class/group class)” individually in both
the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less
than said percentage shall NOT be allowed to appear in the end semester examination. The
student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during
Tests or the Mid/Final Examination. Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access
the LMS system regularly. Regularly, important information – Date of conducting class tests,
guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best
way to arrange meetings with us or ask specific questions is by email and prior appointment.
All the assignments preferably should be uploaded on LMS. Various research papers/reference
material will be mailed/uploaded on LMS time to time.
2. Joint Hindu Family Dr. Paras Diwan and Peeyushi Chalk & Talk
(Mitakshara and Dayabhaga) Diwan, Family Law(pp.381- Examples
Sources of Hindu Law 388) Discussion
Sources of Muslim Law Poonam Pradhan Saxena, PPT
Family Law Lectures II(pp. 27- Presentation
75) Random
Mulla, Hindu Law(pp.4-57,99- questions
108)
Aquil Ahmad, Mohamedan
Law(pp.15-31)
Mulla, Principles of
Mahommendan Law(pp.22-23)
3. Schools of Law Dr. Paras Diwan and Peeyushi Chalk & Talk
Hindu Law Diwan, Family Law(pp.10-11) Examples
Muslim Law Mulla, Hindu Law(pp.57-74)) Discussion
Aquil Ahmad, Mohamedan PPT
Law(pp.32-57) Presentation
Mulla, Principles of Random
Mahommendan Law(pp.20-21) questions
5-6. Hindu Marriage Act,1955 Dr. Paras Diwan and Peeyushi Chalk & Talk
Nature of Marriage Diwan, Family Law(pp.42-50) Examples
Essential Conditions of Mulla, Hindu Law(pp.854-861) Discussion
Marriage Kusum, Family law lectures- PPT
family Law-I,(pp.3-8) Presentation
Csae Laws: Sarla Mudgal v. Random
Union of India (AIR 1995 SC Questions
1531)
Lily Thomas v. Union of India
(AIR 2000 SC 1650)
Mr.X v. Hospital Z (AIR 1999
SC 495)
Seema v. Ashwini Kumar (AIR
2006 SC 1158)
9-10. MODULE: III Dr. Paras Diwan and Peeyushi Chalk & Talk
MATRIMONIAL RELIEFS Diwan, Family Law(pp.72- Examples
Substantive Reliefs 111,122-123) Discussion
Annulment Mulla, Hindu Law(pp.870- PPT
Restitution of 877,882-896) Presentation
conjugal Rights Kusum, Family law lectures- Random
family Law-I,(pp.35-42) Questions
Case Laws:
T.Sareetha v. T. Venkata
Subbaiah (AIR 1983 AP 356)
Harvinder Kaur v. Harmander
Sinh Choudhary( AIR 1984 Del
66)
Saroj Rani v. Sudarashan Kumar
Chadha (AIR 1984 SC 1562)
11. Judicial Separation Dr. Paras Diwan and Peeyushi Chalk & Talk
Diwan, Family Law(pp.119) Examples
Mulla, Hindu Law(pp.878-881) Discussion
Kusum, Family law lectures- PPT
family Law-I,(pp.32-34) Presentation
Random
Questions
12-14. Theories of Divorce Dr.Paras Diwan and Peeyushi Chalk & Talk
Conditions for grant of Diwan, Family Law(pp.27- Examples
matrimonial remedies 32,138-191) Discussion
Hindu Marriage Act,1955 Mulla, Hindu Law(pp.896-963) PPT
Case Laws: Presentation
P.L.Sayal v. Sarla Rani (AIR Random
1961 Punj. LR 377) Questions
15-16. Indian Divorce Act;1869 Dr.Paras Diwan and Peeyushi Chalk & Talk
Parsi Marriage and Divorce Diwan, Family Law(pp.138- Examples
Act,1936 191) Discussion
Special Marriage Act,1954 PPT
Kusum, Family law lectures- Presentation
family Law-I,(pp.49-152) Random
Questions
17-22. Matrimonial Remedies for Aquil Ahmad, Mohamedan Law, Chalk & Talk
Muslims (Talaq, Ila, Zihar, (pp.165-198) Examples
Tafwiz, khula, Mubara) Mulla, Principles of Discussion
Muslim wife’s grounds of Mahommendan Law(pp.245- PPT
divorce Dissolution of 258) Presentation
Muslim Marriage Act, 1939 Case Laws: Itwari v. Asghari Random
(AIR 1960 ALL 684) Questions
Rashid Ahmed v. Anisa
Khatoon (AIR 1932 PC 25)
Shamim Ara v. State of U.P.
(2002) 7 SCC 518
Masroor Ahmed v. State(NCT
of Delhi) 2008 (103) DRJ 137(
Del.)
24. MODULE: IV Maintenance Dr.Paras Diwan and Peeyushi Chalk & Talk
Maintenance of divorced Diwan, Family Law(pp.231- Examples
wives, neglected wives, 248) Discussion
minor children and parents Mulla, Hindu Law(pp.1018- PPT
Hindu Marriage Act,1955 1050) Presentation
Kusum, Family law lectures- Random
family Law-I,(pp.215-217) Questions
Case Laws:
Savitaben Somabhai Bhatiya v.
State of Gujarat (AIR 2005 SC
1809)
Meenu Chopra v. Deepak
Chopra (AIR 2002 Del.131)
25. Hindu Adoptions and Dr.Paras Diwan and Peeyushi Chalk & Talk
Maintenance Act;1956 Diwan, Family Law(pp.342- Examples
346) Discussion
Mulla, Hindu Law(pp.1325- PPT
1334) Presentation
Case Laws: Random
Savitaben Somabhai Bhatiya v. Questions
State of Gujarat (AIR 2005 SC
1809)
Meenu Chopra v. Deepak
Chopra (AIR 2002 Del.131)
27. Maintenance Under Sec.125 Dr.Paras Diwan and Peeyushi Chalk & Talk
of Cr.P.C Diwan, Family Law(pp.365- Examples
375) Discussion
Kusum, Family law lectures- PPT
family Law-I,(pp.234-236) Presentation
Case Laws: Random
Balbir Singh v. Hardeep Questions
Singh,82Cr.LJ1136(1976)
Manoj Kumar vs. Champa
Devi, SLP (Crl.) No(s).
10137/2015
Shailja and another Vs
Khobbanna SLP (Crl.) No(s).
6025-6026 /2013
29. MODULE: V CHILD AND Dr. Paras Diwan and Peeyushi Chalk & Talk
THE FAMILY Diwan, Family Law(pp.311- Examples
314) Discussion
Parentage and Legitimacy Case Laws: PPT
Legal status of Child born of D. Velusamy v. D. Presentation
void and voidable Marriage Patchaiammal( AIR 2011SC Random
under Hindu Law 479) Questions
Legitimacy of Children born Indra Sarma vs. V.K.V.
of Live-in Relationship Sarma(Criminal Appeal No.
2009 of 2013)
37-40. Offences against Marriage S.C.Tripathi and Vibha Arora, Chalk & Talk
Adultery Law Relating to Women and Examples
Bigamy Children,(pp.54-71,108- Discussion
Same-Sex marriage 127,301-320) PPT
Demand of Dowry Case Laws: Presentation
Dowry Prohibition Act, 1961 Random
Naz Foundation v. Government
Questions
of NCT of Delhi, 2010 CriLJ 94
41-42. Prohibition of Child Marriage S.C.Tripathi and Vibha Arora, Chalk & Talk
Act,2006 Law Relating to Women and Examples
Protection Of Women from Children,(pp.399-402,43-53) Discussion
Domestic Violence Act,2005 Case Laws: PPT
S.R.Batra v.Taruna Batra Presentation
AIR 2007SC 1118 Random
Questions
43-44. MODULE : VII S.C.Tripathi and Vibha Arora, Chalk & Talk
FAMILY COURT AND NEED Law Relating to Women and Examples
FOR UCC Children,(pp.333-340) Discussion
Composition Flavia Agnes, Marriage, PPT
Power and functions of Divorce, and Matrimonial Presentation
Family Courts (Family Courts Litigation,(pp.269-315) Random
Act 1984) Flavia Agnes, Marriage, Questions
Reconciliation Proceedings in Family Laws and
Family Courts Constitutional Claims,(pp.148-
Article 44 of the Indian 168)
Constitution Gyandendra Kumar Sharma,
Reconciliation and other
Proceedings before Family
Courts in India,(pp.77-117)
Case Laws:
Lata Pimple v Union of India
(AIR1993 Bom255)
Kailash Bhansali v. Surender
Kumar (Air2000 Raj 390)
John Valamattom v. Union of
India, AIR 2003 SC 2902.
Sarla Mudgal v. Union of India
(AIR 1995 SC 1531)
Lily Thomas v. Union of India
(AIR 2000 SC 1650)
Case Laws:
Lata Singh Vs. State of U.P. &
Anr AIR 2006SC 2522
S. Khushboo Vs. Kanniammal &
Anr., JT 2010 (4)SC478
Chanmuniya v. Virendra Kumar
(2010 AIR SCW 6497)
Bharatha Matha v. R. Vijaya
Renganathan(AIR 2010 SC
2685)
D. Velusamy v. D.
Patchaiammal( AIR 2011SC
479)
Baby Manju Yamada v. Union of India,
(2008) 13 SCC 518
Dedicated meeting time for the students 4pm to 5pm every day
G. SUGGESTED READINGS:
G: 1 TEXT BOOKS:
Aquil Ahmad, Mohamedan Law, Central Law Agency, 2006
Dr. Paras Diwan, Family Law, Allahabad Law Agency,2011
Kusum, Family law lectures- family Law-I, Lexis Nexis Butterworths,2008
Mamta Rao, Law relating to Women & Children, Eastern Book Co.,2008
Prof. G.C.V.Subba Rao’s, Family Law in India, S.Georgia & Company,2010
G: 3 Bare Acts
Dissolution of Muslim Marriage Act,1939
Guardians and Wards Act,1890
Indian Evidence Act,1872
Indian Penal Code,1860
The Christian Marriage Act,1872
The Code Criminal Procedure,1973
The Constitution of Indian,1950
The Dowry Prohibition Act,1961
The Family Courts Act,1984
The Foreign Marriage Act,1969
The Hindu Adoption and Maintenance Act,1956
The Hindu Marriage Act,1955
The Hindu Minority and Guardianship Act,1956
The Indian Divorce Act 1869
The Juvenile Justice (Care and Protection) Act,2000
The Maintenance and Welfare of Parents and Senior Citizens Act,2007
The Muslim Personal Law (Shariat) Application Act, 1937
The Muslim Women( Protection of Rights on Divorce) Act,1986
G: 4 Journals/Magazines
AIR
Economic and Political Weekly
G: 5 Web Sources
AIR Database
JSTOR
SCC Online
Westlaw Database
H. Instructions
a) Students are expected to read the concerned session’s contents in advance before coming
to the class.
b) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current
practices, examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their
views and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she will
lose the marks.
f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
B.A., LL.B.(Hons.)
SEMESTER
ASSIGNMENT – NUMBER
FOR
Family Law-I
(LLBG201)
NAME: _______________________
ROLL NO ------------------------------------
1. Presumption of Legitimacy
2. Palimony
3. Uniform Civil Code
4. Surrogacy
SECTION – B
6. What are requisites of a valid adoption and its legal effects on the adoptive family and the
family of the birth of the adopted child?
7. Define the term ‘dower’. What are the rights of Muslim Women on non-payment of dower?
8. Explain the Constitution, powers and functioning of the family court.
SECTION –C
9. What are the grounds on which a woman married under Muslim law obtains dissolution of
marriage under the Dissolution of Muslim Marriage Act, 1939?
10. Explain the Constitutional validity of section 9 of the Hindu Marriage Act, 1955.
11. Who are the natural guardians of a minor under the Hindu Law and the Muslim Law? Also,
explain their powers.
SECTION – D
12. Shivani married Shubham under Hindu Law. Shubham, a bank manager belonged to a middle
class family while Shivani’s parents were very affluent. Shivani was an arrogant and a proud lady
who always misbehaved with Shubham and his parents and never did household work. She often
disturbed him whenever he was busy with official work. One day she tore her Mangalsutra and
threw it upon his face, when he asked her to help his mother in kitchen. Shubham slapped her and
turned her out of his house. She filed a petition for divorce on the ground of cruelty and desertion.
Decide under personal laws.
13. In 2009, Anita, an unmarried female found an abandoned child outside a temple. She took the
child to the police station and the police requested her to take care of the child till they are not
able to trace the parents of the child. In 2015, she decides to take this child in adoption. When
Anita can take child in adoption under Hindu Law and Secular Law?
14. What reliefs are available to an aggrieved person in the following cases (under personal laws?)
Read the case “Case / problem” and answer the following questions:
INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
3. Please remember that due to the dynamic and rapidly changing global legal environment
and the continuously realigning geopolitical situation, your answers should capture and
depict the current contemporary information.
3. Commercial Surrogacy
4. Live-in Relationship
5. Adoptions
6. Triple Talak
7. Child Labor
9. Domestic violence
10. Polygamy
23.Mediation in Divorce
29.Collaborative Divorce
36.Right to Privacy
Annexure-II
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterisation
8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software will
necessarily be as per the standards prescribed by the university. If the report is below
standards the supervisor will reject the project and award zero marks.
Annexure III
Annexure IV