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FAMILY LAW- I
Semester III
Batch 2016-21
By
Twinkle Maheshwari
THINGS TO LEARN:
Through this Course, Learner shall encounter with various facets which are
critical to this branch. This Course shall inform learners family Law matters
such as Marriage, Divorce, Maintenance, Law of Domestic Violence,
Sources & origin of Personal laws, Dispute Resolution System, Matrimonial
litigations, Court procedure judicial attitude towards Family Law litigation &
Suits.
Interestingly, while designing course utmost care has been taken to include
recent and up-to- date changes in abovementioned areas and shall also
provide learner an opportunity to appreciate and give a critical approach to
these changes critical to it. Recent changes and issues such as: NRI
Marriages, Live-in relationship, Pre-marital Sex & its implications on parties
to it, Contract marriages, Same Sex Marriages, Pre-Nuptial Agreements,
(its nature, scope, issues & problems in enforcement), Compulsory
Registration of Marriages, Incompatibility of parties to marriage as a
ground of divorce, prohibition of Child marriage, Unification of personal
laws, Maintenance in Live-In relationships, Substantive & Procedural
aspects of Family law suits etc.
This structure & inclusion in syllabus shall certainly make learners aware of
nuts & bolts of personal laws/family laws. Abovementioned things are not
exhaustive, as Learners may get an opportunity to know and to keep
abreast of latest development and changes in this area through judicial
decisions, enactments, global changes, new juristic writings and changing
dimensions of personal laws.
At the same time it also focuses on need for unification of these varied
personal laws to be applicable uniformly in the matters of private province.
A comprehensive understanding of Family Law can serve as a sound
foundation for the super structure of legal knowledge.
Moreover, Course aims at knowing, understanding and analyzing recent
changes in this branch by appreciating dynamic nature of this branch of
law. Course structure enables student to analyze and to give a critical
approach.
A. Knowledge
The overall objective of this course is to enable you to (i) demonstrate
knowledge and understanding of Laws which regulate the family relations
which often conflict with each other and (ii) demonstrate a comprehensive
and accurate knowledge and understanding of the details of legal concepts
and doctrines in the family laws developed through different judicial
decisions.
B. Skills
The overall objective of this undergraduate course is to inculcate you with
the following set of skills: general cognitive intellectual skills; general
communicative/ employability skills; and subject specific skills.
Cognitive
Family Law will demand that students have the capacity to demonstrate
insight in presenting materials drawn from a wide and sometimes
contradictory range of primary and secondary sources and doctrinal
commentary; and to demonstrate an ability to produce a synthesis of those
materials that offers a personal and informed criticism.
Employability
Family Law will demand that students have the capacity to be able to write
and use orally fluent and complex prose; using legal terminology with
scrupulous care and accuracy.
Subject Specific
Family Law will demand an ability to identify and select key relevant issues
and to apply that knowledge with clarity to difficult situations of significant
legal complexity; to analyse facts and to produce well-supported
conclusions in relation to them.
C. Outcomes
Two key skills will be highlighted by this course
(a) case synthesis/problem solving and
(b) independent research. These skills will be central to your success in
completing this course‟s scheme of assessment.
3. LECTURES
A. Times and Attendance
Three lecture times have been set aside for this course for each division.
Verify it from the timetable assigned for each division. Lecture outlines,
principally in the form of PowerPoint slides, and relevant study/reading
material will be made available in „The Library‟ on „Curiosity‟ Portal at
www.curiosity.symlaw.edu.in. To facilitate your understanding of these
lectures, you should always read at least the relevant pages of suggested
readings in advance of each lecture.
As per Symbiosis International University Regulations, please note,
“Students are expected to attend minimum 75% of all scheduled
sessions and other forms of instruction as defined by the
programme of study.”
The student will not be eligible to appear for the examination if he / she fail
to put in the required attendance. The Students can update themselves of
their attendance daily online in „Attendance‟ on „Curiosity‟ Portal at
https://slsnoida.curiositylive.com.
You are notified that two online sessions with the help of „Banyan Tree
@Curiosity‟ will be conducted for Tutorial I and II. We will be expecting your
response/ answer/ reply within stipulated time given. Those, who will
respond/answer/ reply within stipulated time given will be granted
attendance for one lecture each. This activity is compulsory for all and
attendance so granted will form part of the total attendance.
NOTE: NO PRESENTATION / VIVA-VOCE / TUTORIAL SHALL BE
TAKEN DURING THE CLASS.
B. Lecture Outline:
B. Prescribed Legislations
1. Hindu Marriage Act, 1955.
2. Hindu Marriage (Amendment) Act 1976
3. The Child Marriage Restraint Act, 1929
4. The Prohibition of Child Marriage Act, 2006
5. Indian Contract Act, 1872
6. Parsi Marriage & Divorce Act 1936
7. Christian Marriage Act, 1872
8. Special Marriage Act, 1954
9. The Foreign Marriage Act, 1969.
10. (Indian) Divorce Act, 1869
11. The Muslim Personal Law (Shariyat) Application Act,
1937.
12. The Dissolution of Muslim Marriage Act, 1939
13. The Muslim Women (Protection of Rights on Divorce) Act, 1986.
14. Hindu Adoption & Maintenance Act, 1956
15. Maintenance & Welfare of Parents and Senior Citizens Act,
2007.
16. Protection of Women from Domestic Violence
Act, 2005.
17. The Family Courts Act, 1984.
18. Extracts from Indian Penal Code, 1860
19. Extracts from Code of Criminal Procedure
Code, 1973
C. Alternative Texts
1. P.C.Pant, Law of Marriage & Divorce, Orient Publishing Company, 4th
ed. 2007.
2. Modern Hindu Law, Dr. Neera Bharihoke, Delhi Law House, 1st
ed.2008, (pgs. Chapter-10, pgs. 123-134)
6. Mayne‟s Hindu law and Usage Revised by Justice Ranganath Misra and
Dr. Vijendra Kumar.16th edition. Bharat Law House, New Delhi.
8. The Muslim Law of India. By Tahir Mahmood. 3rd edition. Lexis Nexis
Butterworths.
Note:
• The above list is indicative and not exhaustive.
• Earlier editions of a number of the above texts might also be available
and can be consulted once account is taken of their datedness, particularly
as to applicable case law.
For supplementary reading, you could, for instance, begin by consulting the
relevant sections of the “alternative” texts placed on loan in the law library.
Thereafter you could engage in your own research, with particular
reference to journals on online databases including Manupatra, Lexis-Nexis,
Hein-online, Emerald, Ebrary, Westlaw, Kluwer Competition Law,
International Taxation, Ebsco‟s, CLA, JSTOR, SCC Online, Kluwer
Arbitration, Journal of Moral Education, Kluwer Patent Law, Web of Science,
SCOPUS, & Global Business Review.
You will be examined in this course by Internal (40%) and External (60%)
assessment format. Internal examination will be conducted for 40 marks,
which includes two tutorials (10 marks each) and a research project (20
marks). The Symbiosis International University will conduct external
written examination for 60 marks at the end of the Semester. It consists
of ten objectives (2 marks each=20 marks) and 4 subjective questions
(10 marks=40 marks).
6. PROJECT/TUTORIAL/DRAFTING
A. Project/Tutorial Timetable:
There will be two tutorials of which one will be „Written Test‟ wherein the
learner would be required to attempt one question. The second tutorial will
be in the form of a „Written Test.‟ The scheme of tutorial paper would be
informed to the students a week prior to the scheduled tutorial. The learners
can expect problem-based questions. Both the tutorials will be OPEN BOOK.
Each tutorial will carry 10 marks each (Total=20 marks). Each student will
attempt it on all the occasion.
Tutorials:
Date
Tutorial Topic
Test Result
Submission
Project Result
Assignment
Interim Final
*Note: Any kind Plagiarism Act shall be dealt strictly and the same, if
found, will be awarded Zero Marks.
7. ADMINISTRATIVE ARRANGMENTS
The Course chief faculty for Family Law 1 is Ms. Twinkle Maheshwary.
Should you have any problems with your work, please feel free to meet
her. Notices relating to the course will be posted online in „The Library‟ on
„Curiosity‟ Portal online at https://slsnoida.curiositylive.com.
The Maximum Marks for the project are 20 (15 marks -Written Work, 5
marks -Viva voce).
The final copy of the project should be presented in accordance with the
following specifications:
5) The first few pages of the research paper should be given as per
Appendix „C‟.
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Submitted by
Name of the candidate
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Division... Roll No… Class…
of Symbiosis Law School, NOIDA
Symbiosis International University, Pune.
In
Month, year
Under the guidance of
Name of the Guide
--------------------------------
Designation and official address of research guide
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Appendix „B‟- Certificate
CERTIFICATE
Date:
Appendix „C‟ – first few pages
Page 3 - Acknowledgements
Page 4 - Index
Page 7 - Bibliography