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Family Laws

Family law is the law that deals with the legal issues that arise in families or other personal relationships such as Marriage, Adoption, Divorce, Child Custody, Maintenance, Guardianship, Partition, Parental Responsibility… etc.

Family law is primarily concerned with the rules of the formation of the family and of the rights and obligations arising out of relationship in the family. The law of marriage, sonship and adoption relate to the formation of the family. The law of partition and inheritance govern rights  arising out of relationship in the family. 

The Indian Family law is concerned with the personal laws of different religion .The family matters such as marriage, adoption, guardianship, divorce, maintenance, partition, succession, inheritance etc are governed by personal laws of each religion. 

In India different religions like Hindu, Muslim, Christian and Parsi etc are governed by their own personal law as Hindu law (Hindu law acts 1955-56), Muslim law (Muslim personal laws (Shariat) application act 1937), Christian law, Parsi law (Parsi marriage and divorce act 1936), respectively.


Hindu Law
1 Marriage
 
› Hindu Marriage Act 1955
› Essentials of Valid Marriage
› Ceremonies of Hindu Marriage
› Registration of marriage
› Restitution of Conjugal Rights
› Judicial Separation
› Nullity of Marriage
› Divorce
› Punishment for Matrimonial Offence
   
2 Adoption
 
› Requirements of Vaild Adoption
› Capacity to take in Adoption 
› Capacity to give in Adoption
› Persons who may be adopted
› Ceremonies and Simultaneous adoption
› Effects of Adoption
› Rights of Adoptive Parents to dispose of properties
   
3 Maintenance
 
› Maintenance of Wife
› Maintenance of Widowed Daughter-in-Law
› Maintenance of Children and aged parents
› Maintenance of Dependents
› Amount of Maintenence
   
4 Joint Hindu Family
 
› Mitakshra>  Joint  Family
› Hindu Coparcenar
› Classification of property
› Alienation of Coparcenary property
› Coparceners and Coparcenary property under Dayabhaga Law 
5 Debts
 
› Liability to pay debt
› Pious obligation of son
› Avyavaharika (Immoral) debt
› Antecedent debt 
› Time barred debt
› Suretyship debt
› Rules of Damdupat
6 Alienation
 
› Alienation of Coparcenary property
› Alienation by Father
› Alienation by sole surviving co-parcener
› Alienation by Manager of Coparcenary Property 
› Coparcener's power of Alienations
› Coparcener's Right to challenge Alienations
› Alieene's Right and Remedies
› Coparceners and Coparcenary property under Dayabhaga Law
   
7 Minority & Guardianship
 
› Natural Guardians and their powers
› Testamentary Guardians and their powers
8 Partition
 
› Division of Property on Partition
› Person entitled to a share on partition 
› Mode of partition
› Re-opening of partition 
› Re- Union 
› Person entitled to partition under Dhayabhag La
9 Succesion
 
› The Hindu Succession Act, 1956
› Intestate succession 
› Succession to Property of  Hindu Male s
› Succession to property of a Hindu Female 
› General rules of Succession 
› Testamentary succession 
10 Marumakkathayam Law
 
› Partition
› Namboodiri Law
11 Miscellaneous Topics
 
› Woman's property
› Gifts
› Wills and Codicils
   

Islamic /Muslim law
1 Marriage/Nikah
 
› Essentials of Valid Marriage
› Kinds of Marriage
› Iddat
› Valid Retirement
› Muta(Temporary Marriage)
› Restitution of Conjugal Rights
   
2 Dower / Mahar
 
› Specified and Proper Dower
› Wife's Rights and Remedies on Non-Payment of Dower
   
3 Divorce
 
› Divorce by Husband (Talak)
› Divorce by Wife (Tafweez)
› Divorce by Mutual Consent (Khula or Mubaraat)
› Divorce Under the Dissolution of Muslim Marriage Act, 1939
› Effect of Conversion to another religion
   
4 Parentage
 
› Presumption of Legitamacy
› Acknowledgement of  Paternity
› Adoption and Acknowledgement
   
5 Minority & Guardianship
 
› Guardianship of the Persons(Custody)
› Guardianship of the Property of Minor
› Guardianship in Marriage
   
6 Maintenance
 
› Maintenance of Children
› Maintenance of Poor Parents and Grand Parents
› Maintenance of Wife
› Maintenance of Poor Relations
   
7 Pre-emption
 
› Essentials of Pre-emption
   
8 Gifts
 
› Essentials of Hiba/Gift
› Capactiy to make Gift
› Formalities of Gift
› Revocation of Gifts
9 Wills
 
› Capacity to make a will
› Formalities of a will
› Subject matter of will
› Construction of the wills
› Revocation of the will
10 Waqf
 
› Essentials  of a wakf
› Family wakf 
› Capacity to make wak
› Formalities of Wak
11 Inheritance
 
› General Principles to inherit
› Sharers/Classification of heirs
› Miscellaneous rules
   

Christian Law
› Marriage
› Registration of marriage
› Divorce
› Nullity of Marriage
› Judicial Separation
› Restitution of Conjugal Rights
› Christian Succession