Damodaram Sanjivayya National Law University

Family law Course Outline 3.4

3rd Semester
Credits -3
Faculty Name: Dr K Sudha
This course involves a critical and comparative study of the different personal laws governing
family relations such as marriage, separation (divorce), maintenance, guardianship, custody and
adoption etc. At DSNLU the attempt will be made towards evolving a uniform civil code at least
in the academic study by identifying the core concepts in marriage laws of all communities and
relating them to find the jurisprudential principles. Special care will be taken in the course to
look at the status of women and children in family relations law with a view to ensure greater
protection of constitutional rights of these groups in family law administration. Laws relating to
marriage, divorce, custody and guardianship and adoption are rooted in various religious laws
that operate in Indian society today. This course offers students an opportunity to understand the
historical, social and constitutional bases of these laws, their commonalities and differences
through an interdisciplinary approach. The course also introduces students to new ways of
looking at family law, brining issues of social justice, particularly as they relate to practices of
infanticide, dowry, sati, wife battering and other customary practices within the context of an
understanding of family law.
Unit

Topic

1.1
1.2

Nature and origin of personal laws

Sources of personal laws

No.
of
sessions
2
2

1.3

Process of codification of personal laws

1.4

Constitutional provisions and personal laws

Case Law:
Muttamma v Union of India AIR 1979 SC 1868
Air India v Nergesh Meerza AIR 1981 SC 1829
Maya Devi v State of Maharashtra 1986 I SCR 743
Neera Mathur v LIC AIR 1992 SC 392
Savitha Samvedi v Union of India (1996) 2 SCC 380
Unit II
Laws relating to marriage, judicial separation, restitution of conjugal rights and
divorce
2.1

Hindu Marriage Act

10

2.2

Prohibition of Child Marriage Act, 2006

2.3

Special Marriage Act, 1954

2.4

Indian Divorce Act and the 2001 amendments

2.5

Marriage Laws (Amendment) Bill 2010 & 217th Law Commission 2

Report
2.6

Muslim marriage and divorce laws

2.7

Family Courts Act, 1984

Case Law:
Shastri Yagnapurushdasji v Muldas B Vaishya AIR 1966 DC 1119
Ajitrai Shivprasad Mehta v Bai Vasumati AIR 1969 Guj 48
Dastane v Dastane AIR 1975 SC 1534
V. Bhagat v D. Bhagat AIR 1994 SC 710
Shobahrani v Madhukar Reddi (1988) 1 SCC 105
Vishnu Dutt Sharma v Manju Sharma I (2009) DMC 515
Saroj Rani v Sudershan Kumar Chhadha AIR 1984SC 1562
Bipinchandra v Prabhavati AIR 1957 SC 176
Lachman v Meena AIR 1964 SC 40
Samar Ghosh v Jaya Ghosh (2007) 4 SCC 511
Unit-III

Adoption laws

3.1

Hindu Adoption and Maintenance Act, 1956

3.2

Amendments

3.3

Inter and intra country adoptions and CARA regulations

Unit- IV Custody and Guardianship:

4.1

Hindu Minority and Guardianship Act, 1956

4.2

Muslim law

4.3

Guardians and Wards Act, 1890

Case Law: Gita Hariharan v Reserve Bank of India AIR 1999 /sc 1149
Unit-V

Maintenance Laws

5.1

Hindu Adoption and Maintenance Act, 1956

5.2

Section 125 of CrPC

5.3

Muslim Law and Christian law

Case Law:
Daniel Latifi v Union of India 2001 (7) SCC 740
Iqbal Bano v State of UP AIR 2007 SC 2215
Shabana Bano v Iman Khan AIR 2010 SC 305
Shamim Ara v State of UP & Ors (2002) 7 SCC 518
Unit VI
6.1

Protection of Women against Domestic Violence Act, 2005

6.2

Section 498A & 304B of IPC and Dowry Prohibition Act, 1961

S R Batra v Tarun Batra I (2007) DMC I SC

Unit VII

Family laws vis--vis social justice:

7.1

Social reform movement legal reforms

7.2

Effect of law and technology on the family institution & PNDT 1

Act
The Maintenance and Welfare of Parents and Senior Citizens Act, 1
2007

7.3

Suggested Readings:
1. Maynes Hindu Law and Usage
2. Mulla Principles of Mohammedan Law
3. Dr Paras Diwan Hindu Law
4. GCV Subba Rao Family Law in India
5. Flavia Agnes Family Law Vol I & II
6. Poonam Pradhan Saxena Family Law I
7. Kusum Family Law