Sunday, August 19, 2018

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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