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Family Law-II

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B.A.LL.B (Hons.

) 5 YEARS INTEGRATED COURSE

SEMESTER-VI

Course Code BAL604


Course Title Family Law-II
Type of Course Core
LTP 5 1 0
Credits 6
Course Prerequisites 12th
Course Objectives (CO) Family is the basic unit of Indian society. Family
members lived together with certain rights and duties
towards each other as well as towards society. The
subject of family law is important to understand those
rights obligations. This subject is also important to
understand the various reliefs in family disputes.

UNIT-I

Joint family and Mitakshara Coparcenary


Classification of property
Joint Family Property
Separate or self-acquired property
Alienation of Joint family property
Partition
Reopening and Re-union

UNIT –II

The Hindu Succession Act, 1956


Devolution of interest in Mitakshara Coparcenary
Succession to property of a Hindu male dying intestate
Succession to property of a Hindu female dying intestate
General provisions relating to succession
Disqualifications relating to succession

UNIT –III
Adoption under the Hindu Adoption and Maintenance Act, 1956
Who may take in adoption
Who may give in adoption
Who may be taken in adoption
Other conditions and ceremonies of adoption
Effect of adoption
Relationship of adopted child
Maintenance under the Hindu Adoption and Maintenance Act, 1956
Maintenance of wife
Maintenance of widowed daughter-in-law
Maintenance of children
Maintenance of aged parents with special reference to The Maintenance and
Welfare of Parents and Senior Citizens Act, 2007
Maintenance of dependants
Amount of maintenance
Maintenance of wife with reference to Criminal Procedure Code, and Hindu
Marriage Act, 1955
Maintenance of wife under Muslim law with reference to Muslim Women
(Protection of Rights on Divorce) Act, 1986

UNIT –IV

Guardianship under the Hindu Minority and Guardianship Act, 1956


Natural Guardian
Testamentary guardian
Certificated Guardian
Powers of the Guardian relating to property of minor
Guardianship under Muslim law

Suggested Readings:

Aqil Ahmed, Mohammedan Law (Central Law Agency Allahabad, 23rd Ed, 2009)

Arshad Subzwari, Hindu Law : Ancient and Codified ( Ashok Grover and sons,

Aurngabad, 2nd Edition, 2007)

Asaf A.A. Fzee, the Pillars of Islam (Oxford University Press, New Delhi, 2004)

Ather Farouqui, Muslim and Media Images: News versus views (oxford

University press, New Delhi, 2009)

B.K. Sharma, Hindu Law (Central Law Publication, Allahabad 3rd Ed. 2011).
M A Qureshi, Muslim Law ( Central Law Publication, Allahabad, 2002)

M. Hidayatullah, Arshad Hidayayatullah, Principles of Mahomdan laws ( Lexis

and Nexis, Buttersworths wahwa, Nagpur,2003)

Mitra, Hindu Law (Orient publishing Company, New Delhi, 3rd Edition, 2010)

Paras Diwan , Modern Hindu Law ( Allahabad Law Agency 20th Ed., 2009),.

Paras Diwan, Customary Law of Punjab and Haryana (Publication Bureau,

Panjab University, 2002 (4th Ed.))

Paras Diwan, Muslim Law in Modern India ( Allahbad Law Agency, Faridabad,

2015)

Poonam Pradhan Saxena, Family Law Lectures: Family Law II ( Lexis Nexis,

Gurgaon, 2013)

R.K Aggarwal, Hindu Law: Codified and Uncodified (Central law Agency,

Allahabad, 2016)

Ramesh Chandra Nagpal, Modern Hindu Law ( Eastern Book Company,

Lucknow, 2008)

Ratigan’s Customary Law (Universal Law Publishing, Co. Oxford University

Press 16th Ed, 2007)

Supinder Kaur, Family Law: Text book on Personal law of Hindus and Muslims,

(Shri ram Law House, New Delhi, 2018)

Tahir mahmood, the Muslim Law of India ( Lexis Nexis, Buttersworth, 3rd

Edition, 2002)

Tanzeem Fatima, Marriage Contract in Islam( Deep and Deep Publication , New

Delhi,2007)

V.P.Bharatiya, Muslim Law,( Eastern Book Company, Lucknow, 2009)

Werner menski, Hindu Law: Beyond Tradition and Modernity ( Oxford University

Press,New Delhi, 2003

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