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Teaching Plan

FAMILY LAW- I

Semester III
Batch 2016-21

By
Twinkle Maheshwari

Academic Year 2017-18


(Session: July 2017- October 2017)

Symbiosis Law School, NOIDA


(Constituent of Symbiosis
International University, Pune)
1. INTRODUCTION
Learning of Family Law provides an in-depth study and knowledge of
different personal laws based on social and religious customs. It deals with
the codified and un-codified personal laws in India. Our objective while
learning Family Law is to study the different personal laws in India and
their evolution in response to the shifting panorama of strategies that
people employ to live together.

The Law relating to family matters is immensely important for every


individual. It is Family Law that regulates interpersonal relationships
whenever a dispute of legal nature arises. The present course i.e., Family
Law I involves a critical and comparative study of different personal laws
governing law on Marriage, Divorce and Maintenance. Courts and the
legislatures have always been able to fit traditional family law principle into
realities of the modern life.

New principles have to be created to suit the changing concept of personal


and family relations. Keeping in mind this context, our objective is to study
the different personal laws in India on a comparative scale. The evolving
nature of relationships in the nature of marriage and certain other new
trends are incorporated in the syllabus to provide a holistic and dynamic
approach to the subject.

WHY FAMILY LAW?


Family Law popularly known as „Personal Laws‟, is very critical, dynamic
field, the study of which is inevitable to the Learners of Law/Legal
education. This branch covers core aspects of citizens i.e. their private and
personal relations arising out of & based on:
Marriage, Blood and Affinity. This branch deals with „relations‟, arising out
of abovementioned factors, towards each other. It helps learners to know
how „rights‟ & „obligations‟ are created, recognized, regulated, protected
and enforced through Judiciary. Knowledge & Understanding of:
recognition, regulation, protection and enforcement of „rights‟ &
„obligations‟ towards each other in the matters of personal affairs is the
foundation of learning of this branch, learning of which shall create a sense
of obligation, understanding, awareness and shall encourage learner to
excel in this field. Study of this branch is an opportunity for learners who
are curious to know about how personal, private and family relations are
regulated.

Most of the Court-litigations/Law suits which are pending in Courts of Law


are family Law matters arising out of Marriage, Divorce, Maintenance,
Minority & Guardianship, Custody, Proof of Paternity, Legitimacy of child,
Succession & inheritance of property and Domestic Violence under
Protection of Woman from Domestic Violence Act, 2005 etc.

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.

METHOD, TEACHING TOOLS & TECHNIQUES TO BE EMPLOYED IN


LEARNING & STUDY OF FAMILY LAW-I:
As a part of teaching & learning of Family Law, Tutor shall be taking help &
aid of varied teaching tools & methods which make study interesting,
motivating, participative and inclusive. Method or tools shall include:
Scheduled lectures, discussions, Question & Answer sessions, Case-study
method, Teaching Sessions, Projects etc.

Moreover, Tutor shall be taking help of tools & facilities of Information


Technology, as learning with the aid of Information Technology is unique
feature of learning at SLS, NOIDA. This include, learning & sharing
information on “Online Library” of SLS, NOIDA i.e. “Curiosity” function
where Learner & Tutor can share & disseminate latest & available
information related to subject. This shall also include teaching through/with
the aid of Power point presentation (PPT) which shall be made available for
the learners for their further studies & research with respect to the Course
of Family law. It also includes lecture sessions in a Computer Lab so that
with the help of Computer System, simultaneously learner can access
internet, web resources, curiosity function, Legal Databases and other tools
of Computer system, “Computer Lab. Lecture Sessions.” (This facility is
subject to availability of Computer Lab).

This shall also include Case-study method, judgment analysis, Comments


on Legislation, Law Commission Reports, Study of new judgments of
delivered by Supreme Court of India, different High Courts and lower
judiciary. So as to make learning effective & interesting, timely
assignments in the nature of Comments, Problem solving, Question &
answer format, Case study etc., may be given to the Learners, so that by
keeping in mind the things studied during lectures & otherwise they can
solve or complete Assignments assigned to them.

2. LEARNING OBJECTIVES (Knowledge, Skills and Outcomes)


The course aims at providing an understanding of different personal laws
that touches upon lives of people in their personal & private sphere. It
gives an in-depth understanding of Family law of different communities and
to know the law of each one of them.

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.

Case synthesis/Problem solving


In preparing for tutorials, you will be asked to read, analyse and synthesize
a number of cases. You will also be asked to use that knowledge to support
your answer to a number of hypothetical, factual or “problem” scenarios. In
preparing properly for tutorials, you will be preparing properly for the end
of term assessment.

Independent research/group work


In preparing for the coursework assignment, particular emphasis will be
placed on independent learning i.e., the ability to take initiative in the
design (individualised approach or plan of action) and research (external
legal and non-legal sources) of the stated project. The coursework in
question is deliberately broadly drawn, and is designed to challenge you in
this regard.
Final Outcome
Assessment is by compulsory coursework examination (100%) (Including
Internal and External Assessment) by the Symbiosis International
University.

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:

Week Lecture Topics


Teaching Plan
Week- 01: Lecture 1 Teaching Plan
July Lecture-2 Unit 01: Nature & Scope of Personal
04,2017 Lecture-3 Laws
1.1. Sources of Personal Laws in India
1.2. Personal Laws & Constitution of
Week –
Lecture-4 India.
02:
Lecture-5 1.3. Need for Unification of Family Laws
July 10,
Lecture-6 Unit 02 : Marriage under Hindu Law
2017
2.1. Nature and validity of Marriage
2.2 Capacity to Marry
Unit 03: Marriage under Muslim Law
Week –
Lecture-7 3.1. Nature of Marriage & validity of
03:
Lecture-8 Marriage.
July 17,
Lecture-9 3.2. Concept of Mehr (Dower), Option of
2017
Puberty and Iddat.
3.3. Muta Marriage
Unit 04: Marriage under Christian and
Parsi Law
Week – 4.1. Essential Requirements of a Valid
Lecture-10
04: Marriage under Christian and Parsi Law.
Lecture-11
July 24, 4.2. Essential Requirements of a Valid
Lecture-12
2017 Marriage under Christian and Parsi Law
4.3. Procedure of Solemnization of
Marriage
Unit 05: Secular Provision of
Marriage under Special Marriage Act,
Week – 1954
Lecture- 13
05: 5.1. Solemnization & Consequences of
Lecture- 14
July 31, Special Marriage.
Lecture- 15
2017 Solemnization & Consequences of Special
Marriage
5.2. Foreign Marriage Act
Week-06: Lecture- 16 Unit 06: Matrimonial Remedies
August 07, Lecture- 17 6.1. Nullity of marriage.
2017 Lecture-18 6.2. Restitution of Conjugal Right
6.3. Judicial Separation.
Week-07: Lecture- 19
6.4. Dissolution of Marriage: Divorce in
August 14, Lecture-20
Personal Laws.
2017 Lecture-21
6.4.1. Fault Grounds
6.4.2. Divorce by Mutual consent
Week- 08: Lecture- 22
6.4.3. Irretrievable Breakdown of
August 21, Lecture-23
Marriage & Incompatibility of Parties to
2017 Lecture-24
the marriage.
Unit 07: Law of Alimony and
Maintenance
7.1. Scheme of Maintenance in Personal
Week-09: Lecture- 25
Laws.
August 28, Lecture-26
7.2. Provision of Maintenance under
2017 Lecture-27
Criminal Procedure Code, 1973
7.3. Substantive rights & issues and
Procedural Aspects.
7.4. Alimony & Maintenance as an
Week-10: Lecture- 28 independent remedy: New Rights, Issues
September Lecture-29 and dynamics.
04, 2017 Lecture-30 7.4.1. A review under different personal
laws
7.4.2. Maintenance of Divorce Muslim
Week-11: Lecture-31 Woman (Protection of Rights on Divorce)
September Lecture- 32 Act, 1986.
11, 2017 Lecture-33 7.4.3. Maintenance in case of Live-in
Relationships.
Unit 08: THE PROTECTION OF
WOMEN FROM DOMESTIC VIOLENCE
Week 12: Lecture- 34 ACT, 2005
September Lecture-35 8.1. Definition of “Domestic Violence”
18, 2017 Lecture-36 8.2. Powers & Duties of Protection Officer
8.3. Orders and Reliefs under the Act and
Procedure thereof.
Unit 09: Marriage: Concept & New
Trends
9.1. Right to Marry: Legal or
Week 13: Lecture- 37 Fundamental?
September Lecture- 38 9.2. Overview of Concept of Marriage in
25, 2017 Lecture-39 Personal Laws
9.3. Live-in Relationship & Pre-Marital
Sex, Contract Marriage and Same Sex
Marriage
Week 14: Lecture- 40 9.3. Live-in Relationship & Pre-Marital
October Lecture-41 Sex, Contract Marriage and Same Sex
03, 2017 Lecture-42 Marriage
9.4. Pre-Nuptial Agreement: Nature,
Scope, Issues & Problems in Enforcement
9.5. NRI Marriages: Law and Practice
Week 15: Lecture- 43 9.5. NRI Marriages: Law and Practice
October 9, Lecture- 44 9.6. Registration of Marriage
2017 Lecture-45 9.7. Prohibition of Marriage
Unit 10: Dispute Resolution System
Under Family Law
Week 17: Lecture- 46 10.1. Civil Suits: Nature of Matrimonial &
October Lecture- 47 Family Law Litigations in India
23, 2017 Lecture-48 10.2. Family Courts under Family Courts
Act, 1984
10.3. Trans-National Disputes

*The schedule will be followed, subject to change/s due to


unforeseen/unavoidable circumstances.

4. READING AND MATERIALS


A. Textbook
1. Flavia Agnes, Family Law and Constitutional Claims Family Law Vol. I,
(Oxford University Press, Ed. 1st 2011.)
2. Flavia Agnes, Marriage, Divorce and Matrimonial Litigations
Family Law Vol. II (Oxford University Press, Ed. 1st 2011.)
3. Prof. Kusum, Family Law Lectures: Family Law-I, (LexisNexis
Butterworths Wadhwa Ed. 3rd 2007)
4. Prof. G.C.V. Subba Rao Family Law in India, S. Gogia & Company,
Hyderabad, Edition 10th 2011.
5. H.K. Saharay, Family Law in India, (Eastern Law House, 2011)
6. Dr. Paras Diwan, Muslim Law in Modern India, (Allahabad Law
Agency, Allahabad)
7. U.P.D. Kesari, Modern Hindu Law (Central Law Publication, Ed. 8th,
2011.).
8. Paras Diwan, Family Law, (Allahabad Law Agency, Ed.
8th,2008)
9. Indira Jaising, Law of Domestic Violence (Universal Law
Publishing Co. Ltd. Ed 2nd 2007).
10. Prof Tahir Mohmood, Laws of India on religion & Religious Affairs
(Universal Law Publishing Co. Pvt. Ltd. New Delhi).
11. Paras Diwan, Law of Maintenance in India, (Deep and Deep
Publication, New Delhi).

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)

3. Law Relating to Women and Children. By Mamta Rao. Eastern Book


Company First edition 2005.

4. Child Marriage in India. Socio-legal and Human Rights Dimensions. By


Jaya Sagade. Oxford University Press -2005.

5. Ammer Ali‟s Commentaries on Mohommedan Law. Hind Publishing


House. Fifth edition, 2007.

6. Mayne‟s Hindu law and Usage Revised by Justice Ranganath Misra and
Dr. Vijendra Kumar.16th edition. Bharat Law House, New Delhi.

7. Outlines of Muhammadan Law. Asaf A. A. Fyzee. Oxford University


Press. Fourth Edition.

8. The Muslim Law of India. By Tahir Mahmood. 3rd edition. Lexis Nexis
Butterworths.

9. Justice P. S. Narayana‟s Law Relating to Christians in India. Gogia

10. Law Agency. 1st edition,2007.


11. Prof G.C.V. Subba Rao‟s Family Law in India. 9th edition. S.
Gogia and Company.
12. Mayne‟s Hindu law and Usage. Revised by Justice Ranganath
Misra and Dr. Vijendra Kumar. 16th edition. Bharat Law House, New
Delhi.

13. Paras Diwan, „Law of Adoption, Maintenance, Guardianship and


Custody‟, Universal Publication, 2000.

‫٭‬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.

D. List of important cases:


1. Ahmadabad Women’s Action Group v Union of India
2. Anil Kumar Jain v Maya Jain (AIR2010SC229)
3. Ashok Hurra v. Rupa Ashok Hurra (AIR1997SC1266)
4. Bai Tahira v Ali Hussain Fidaalli Chothia and Anr. (AIR1979SC362)
5. Bharatha Matha & Anr. v. R. Vijaya Ranganathan & Anr. (AIR 2010 SC
685)
6. Bhaurao S. Lokhande & Anr. v. State of MH & Anr. (AIR 1965)
7. Chandralekha Trivedi v. Dr. S.P. Trivedi (SCALE 541 1993 (3)
8. Chanmuniya Virendra Kumar Singh Kushwaha and Anr.
9. Veluswamy v. D. Patchaiammal (AIR 2011 SC 479)
10. Danial Latifi and anr. v. Union of India (AIR2001SC3958)
11. Dastane v. Dastane ( AIR 1975 SC 1534 )
12. Fuzlunbi v K. Khader Vali and Anr. (AIR 1980 SC 1730)
13. GVN Kameshwara Rao v. G Jabili Jabili [2002 SC 576]
14. Harvinder Kaur v. Harminder Singh (AIR 1984 Del. 66)
15. Indra Sarma v. V.K.V. Sarma (AIR2014SC309)
16. Iqbal Bano v. State of U.P. (AIR 2007 SC 2215)
17. Jorden Diengdeh v. S.S. Chopra (AIR1985SC935)
18. Khushboo v. Kanniammal & Anr. (AIR 2010 SC 3196)
19. Kunhimohammed v. Ayishakutty (2010 2 KLT 71) Keral High
Court
20. Lata Singh v. State of U.P. (AIR 2006 SC 2522)
21. Lily Thomas v UoI (2000 SCC 224)
22. Madan Mohan Singh & Ors v. Rajnikant & Anr. (AIR 2010 SC
933)
23. Masroor Ahmad v. State (N.C.T of Delhi) & another [(2007)
24. Mohd. Ahmed Khan v. Shah Bano Begum [(1985) 2 SCC 556]
25. Mr. „X‟ v. Hospital „Z‟ (SCC 2003 1 500/AIR 2003 SC 664)
26. Narinder Pal Kaur Chawla v. Shri Manjeet Singh Chawla
(AIR2008 Del 7)
27. Narsu Appa Mali v. State of Bombay (AIR SC 1951)
28. Naveen Kohli v. Neelu Kohli (AIR 2006 SC)
29. Naz Foundation v. Govt. of NCT & Anr. (2010 Cr.L.J.)
30. Neeraja Saraph v Jayant Saraph [(1994) 6 SCC 461]
31. Poonam v Sumit Tanwar AIR (2010 SC 1384)
32. Ram Narayan v Rameshwari (AIR 1988 SC 2260)
33. Rameshchandra Rampratapji Daga v. Rameshwari
Rameshchandra Daga (AIR 2005 SC 422)
34. Sarala Mudgal v. Union of India ( AIR 1995 SC 1531)
35. Saroj Rani v. Sudershan Kaur (AIR 1984 SC 1562)
36. Satya v. Teja AIR 1975 SC 105
37. Savitaben Somabhat Bhatiya v. State of Gujarat and others (AIR
2005 SC 1809)
38. Savitri Pandey v. Prem Chandra Pandey (AIR 2002 SC 591)
39. Seema v. Ashwani Kumar (AIR 2006 SC 1158)
40. Shamim Ara v State of UP (AIR 2002 SC 3551)
41. Srinivas Aiyer v Saraswati Ammal
42. Sureshta Devi v. Om Prakash (AIR1992SC1904)
43. Sureshta Devi v. Om Prakash (AIR1992SC1904)
44. T. Sareetha v. Venkata Subbaiah ( AIR 1983 AP 356).
45. Vishnu Dutt Sharma v Manju Sharma (AIR 2009 SC 2254)

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.

These texts were selected because they provide in one volume a


combination of text, cases and materials, designed to be read as a whole
i.e., a “one-stop shop”. Nevertheless, the text provides the basic reading
for the course only. There is much more to the Family law than this, and
you will undoubtedly benefit from undertaking some reading and study of
your own. It is creditable if you, in respect of the proper use of
independent research and study, follow up in the Law Library some of the
case references, periodical articles or other material referred to in the
prime textbook or in class – or even to do some research of your own. A
good resource to use is the Family Law section of Symbiosis Law Library
and online databases such as Westlaw International, Ebrary, LexisNexis
and Manupatra available on campus network. Further, I will make available
articles by eminent scholars in this field to on „Library‟ @Curiosity, provided
Copyright policy of the publisher of those articles permits.

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.

5. ASSESSMENT: COURSEWORK = 100%

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.

*Note: If there are any changes in, „Examination Schedule or Syllabus‟ of


tutorials it shall be communicated to you as soon as practicable.
In addition, third component of internal assessment shall be “Research
Project” which will be evaluated out of 20 marks. Topics for the research
project shall be allocated to all the learners on scheduled date of assignment
of project topics. Research paper includes „written submission‟ as per
guidelines provided hereinafter.
It is Open Book Examination i.e. examinees are allowed to bring and
use any material including Books, Articles, Hand Written Notes, Hand
Outs and alike printed material. It does not include use of any
electronic gadgets, machine or alike material.

The timetable of the „Tutorials‟, „Research Project‟ and „Presentation‟ is as


follows:

Tutorials:

Date
Tutorial Topic

Test Result

1) Nature & Scope of


One
Personal Laws
(Written August 10, August 21, 2017
2) Marriage under Hindu
Test) 2017
Law

Two 1)Marriage under Muslim


September 08, September 21,
(Written Marriage
2017 2017
Test) 2) Matrimonial Remedies
Project:

Submission
Project Result
Assignment

Interim Final

July 13, July 27, August 28, September 23,


2017 2017 2017 2017

Banyan Tree Schedule


Tutorial I Tutorial II

Date of Posting: August 04, 2017 September 01, 2017

August 06, 2017 September 03, 2017


Deadline for Reply
@ 08: 00 pm @ 08: 00 pm

Project Viva Schedule:


Date Division Roll Numbers Time
August 29, 2017 A 1-22 2- 5 pm
August 30, 2017 A 23-44 2- 5 pm
August 31, 2017 A 45 onwards 2- 5 pm
September 01, 2017 B 1-22 2- 5 pm
September 04, 2017 B 23-44 2- 5 pm
September 13, 2017 B 45 onwards 2- 5 pm
September 14, 2017 C 1-22 2- 5 pm
September 15, 2017 C 23-44 2- 5 pm
September 18, 2017 C 45 onwards 2- 5 pm

Banyan Tree Discussion:


To facilitate the interaction and for clarification of doubts pertaining to
interim submission and project, two online sessions with the use of Banyan
Tree @Curiosity, will be conducted on 04 August , 2017 and 01
September, 2017.

B.Tutorial & Presentation


The tutorials will give you an opportunity for assessing your learning of
Family Law I. It should be obvious that the better you are prepared to take
part in such test, the more you will learn from it and excel in both
examination as well as understanding of the subject. Tutorials also provide
you with an opportunity to develop written skills of presentation and
reasoned argument. Lack of preparation and a fortiori non-attendance will
mean that you will fail to make the most of the learning opportunities
provided by these tutorials. In order to achieve the two stated skills
objectives i.e. Presentation and problem solving skills, two tutorials are
scheduled in this semester.

Tutorials will be based on theoretical and practical analysis and will be an


open-book test. It will be of 10 Marks each.
1. Tutorial I – It will be based on problem solving method and
learners are required to apply the principles and doctrines under
Family Law I.
2. Tutorial II - It will be based on the application of laws under
Family Law I.
*Note: If there are any changes in, „Examination Schedule or Syllabus‟ of
tutorials it shall be communicated to you as soon as practicable.
C. Research Project
Research project is aimed at improving the writing, research, and
communication and presentation skills to make students learning
academically more challenging and rigorous than standard lecture and test
format courses. It also aims at promoting scholarship in this significant
field of law, which has gained much momentum in practice but often lacks
solid theoretical underpinnings due to lack or inadequacy of statutory
provisions. It further aims to enhance learning capability by research
amongst the learners, creative a forum for enhancing a greater dialogue
between the scholarly community, policymakers and practitioners. The
details about the rules of submission are annexed with this document.
(Refer to Annexure A)

Project – Interim Submission – Guidelines: Please note that you are


required to submit to Ms. Twinkle Maheshwary, Teaching Assistant, hard
copy of the Interim submission (not more than two sides of a page) of
your project on the date of submission. It should comprise of Details of
the Learner (Name, PRN, Division and Programme), Title of the
Project, Introduction to the Project, Synopsis of the Project and
Conclusion. Interim submission will be evaluated out of 5 marks.

Project – Final Submission – Guidelines: You will submit one bound


copy of the Project along with the hard copy of the approved interim
submission (original) to Ms. Twinkle Maheshwary, Teaching Assistant. Do
not forget to send soft copy of the Final Project by email to
pronami@symlaw.edu.in on the due date. Final Project will be
evaluated out of remaining 10 marks.
Each learner is suggested to observe following timeline for his/her
Research Project:
a) Assignment of topic for Research Project (as given in the Internal
Assessment Schedule).
b) Interim Submission as per scheduled date in the Internal Assessment
Schedule.
c) Final submission with copy of checked Interim submission showing
original & details of remarks made on interim submission by subject
teacher.

*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.

8. OFFICE HOURS AND CONTACT INFORMATION

If few doubts remain, please contact via email: twinkle@symlaw.edu.in. I


welcome your questions and your comments.
Annexure A
Enclosure A: Guidelines for Project
Family Law-I

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:

1) The paper used for printing shall be of A4 size. Printing shall be in a


standardized form, on one side of the paper
• Font: Times New Roman
• Font Size: Main Heading 16 (Bold), Sub-Heading 14 (Bold), main text
12 and footnotes 10
• Spacing 1.5 for main text, 1 for footnotes
• Text should be Justified
• MS Word: 2003-07 Version, Page Layout: left-1.5 cm, top-right-
bottom-1 cm.
• Word Limit: 2000-2500.

2) A margin of one-and-a-half inches shall be left on the left hand side.

3) The title of the project, name of the candidate, degree, faculty,


university, month and year of submission, and the name of the research
guide with his/her designation and full official address shall be printed on
the first page and on the front cover as given in Appendix „A‟.

4) A Certificate (Appendix „B‟) affirming that the research work of the


candidate is original, and that the material, if any, borrowed from other
sources and incorporated in the research paper has been duly
acknowledged should be signed by the candidate and counter signed by the
research guide. It should also further certify that research papers, if any,
detected later. The candidate and research guide should further certify that
research papers, if any, published based on the research conducted out of
and in the course of the study leading to Ph.D. are also appended.

5) The first few pages of the research paper should be given as per
Appendix „C‟.

6) Bibliography should be written alphabetically.


Appendix „A‟- Front page and Cover

Title of the project (centered on two or more lines)

----------------------------------------------------------------------------
--------------------------

Submitted by
Name of the candidate
--------------------------------------------
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
-----------------------------------------------------------------------
Appendix „B‟- Certificate

CERTIFICATE

The project entitled “ -------------------------------------------------------------


-------------------------------------------------------------------------------------
------------------------------------------------------ “ submitted to the
Symbiosis Law School, NOIDA for Family law as part of Internal Assessment
is based on my original work carried out under the guidance of ----------
from--- to---- . The Research work has not been submitted elsewhere for
award of any degree.

The material borrowed from other sources and incorporated in the


research paper has been duly acknowledged.

I understand that I myself would be held responsible and accountable for


plagiarism, if any, detected later on.

Signature of the Candidate

Date:
Appendix „C‟ – first few pages

The first few pages of the thesis should be as under:

Page 1 ­ Title page (Appendix „A‟)

Page 2 - Certificate (Appendix „B‟) signed by candidate and counter


signed by research guide

Page 3 - Acknowledgements

Page 4 - Index

Page 5 - List of Tables (If any)

Page 6 - List of Cases (If any)

Page 7 - Bibliography

Ms. Twinkle Maheshwary


Course-in-charge: Family Law - I
Symbiosis Law School, Noida
Email: twinkle@symlaw.edu.in.

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