1. introduction to family law
TRANSCRIPT
DR. PRIYA VINJAMURI
FAMILY LAW I
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Concept of Family;Animal to social behavior; Evolution of Cohabitation and
partnership; Promiscuity and relationship; Polygamous and polyandrous groups
to monogamous and mono-androus couples;
Result of …
EVOLUTION OF FAMILY LAW
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Acquisition of property, Demarcation of land and assets; Need for succession of the
accumulated wealth; Growth of small groups;Tribal settlements; Nomadic lifestyle to sedentary
lifestyle; Ethnic , indigenous and displaced
communities;
Property & Family
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Conception of children from polygamous relationships and polyandrous relationships- issues in such – preference to monogamy and mono-andry-simplification of succession;
Succession, survivor ship and concept of partition;
Son’s differentiated from daughters; Concept of women’s wealth (Stridhan in
India);
Evolution of family
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Custom, culture, religion and traditions play a significant role in shaping and moulding the family, and they have their own characteristic approach and attitude towards the question of family relationship. As a result, India is a country having a number of personal laws.
Family relationship
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Present status of Family: Effect of cohabitation;
Family from Human Right’s perspective,
Women’s rights & Child rights perspective;
Globalization and concept of family; Legal status to a family; Status in India;
UK; US; Middle East; Other nations;
Global Family
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Significance of the laws relating to family; Importance and evolution of the laws;
Impact and effect of Islamic rule, the British influence on the modern Indian family law and legal system
Need for a Uniform Civil Code and its impact on the legal system in India.
Family and Law
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Sources of family law; relevance of the religious scriptures; Family laws variant as per religion;
The Hindu law –Sources and Origin; Marriage; Divorce; Succession; Concept of Karta; Minority; Guardianship; Adoption; Partition; Succession;
Islamic Laws-origin, nature and effect;
Sources of Family Law
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India is a country having a number of personal laws. Each community as its own personal law. The Hindu majority community has its own personal law.
Similarly, minorities like Muslims, Christians, Parsis and Jews have their separate personal laws. All these communities claim their laws to be divine in their origin.
However, in the recent times, these laws have undergone certain changes through legislative and judicial process.
Family Laws in India
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The Hindu Marriage Act, 1955The Hindu Minority and Gaurdianship
Act, 1956The Indian Divorce Act, 1869The Muslim Personal Law (Shariat
) Application Act, 1937The Muslim Women (Protection of Rights o
n Divorce) Act, 1986The Dissolution of Muslim Marriages Act,
1939The Special Marriage Act, 1954The Hindu Succession Act, 1956The Hindu Adoptions and Maintenance Act
, 1956
The Laws pertaining to Family in India
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Protection of Women from Domestic Violence Act, 2005.
The Dowry Prohibition Act, 1961The Foreign Marriage Act, 1969The Guardians And Wards Act, 1890 The Maternity Benefits Act, 1961Indian and Colonial Divorce Jurisdiction Ac
t, 1940The Anand Marriage Act, 1909The Arya Marriage Validation Act, 1937Matrimonial Causes (War Marriages) Act, 1
948The Child Marriage Restraint Act, 1929
Related family laws in India
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Under family law subjects like marriage, divorce, restitution, dissolution of marriage, adoption, maintenance, guardianship, parental control of children, succession and inheritance are some of the important institutions to be studied with the help of customs, precepts, precedents and legislations.
Subject matter of Family Law
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Article 44 of the Indian Constitution provides that the State shall endeavour to secure for its citizens a uniform civil code throughout the territory of India.
Article 372 of the Indian constitution provides that “All laws in force in the territory of India immediately before the date of commencement of the constitution (26th January, 1950) shall continue to be in force until they are altered or repealed or amended by a competent legislative or other competent authority”.
Constitutional provisions for Family Law
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The subjects of family like marriage, divorce, succession etc. are matters falling under Concurrent List of the VII Schedule of the Indian Constitution
Therefore the customary law or pre-constitutional family laws hold good even after the formation of the Republic of India, as long as they are not repealed or amended.
Constitutional Provisions…
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Hindu LawUncodifiedHindu Joint Family
Codified Hindu Marriage Act,
1955Hindu Minority &
Guardianship Act, 1956
Hindu Adoptions & Maintenance Act, 1956
Hindu Succession Act, 1956
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MUSLIM LAW Un-codified
Shariat law
CodifiedShariat(Application)
Act, 1937Dissolution of Muslim
Marriage Act, 1939Wakf Act, 1954(as
amended in 1995)Muslim Women
(Protection of Rights on Divorce) Act, 1986
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CodifiedChristian Marriage Act, 1872Indian Divorce Act, 1869(as
amended in 2002)Indian Succession Act, 1925
CHRISTIAN LAW
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CodifiedParsi Marriage and Divorce Act,
1936Indian Succession Act, 1925
PARSI LAW
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Uncodified LawCustomary law
JEWISH LAW
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Customary LawSpecial Marriage Act, 1954Foreign Marriage Act, 1969Family Courts Act, 1984Dowry Prohibition Act, 1961The Protection of Women From
Domestic Violence Act, 2005
MISCELLANEOUS LAWS
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Shastric Law to Statutory LawPolygamy to Monogamy(in all schools of Mitakshara Hindu Law)
Application of Shariat to all sections of Muslims in India
UNIFICATION OF FAMILY LAW WITHIN THE RELIGION
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By Introduction of Fault TheoryBreakdown TheoryConsent Theory Under the Marriage Laws Amendment Act, 1976
MARRIAGE LOSES ITS SACROSANCTITY AND GAINS CONTRACTUAL FLAVOUR
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Adoption serves both spiritual & secular purpose
Daughter can be adoptedHindu Female can also adopt
HINDU ADOPTION LOSES ITS RELIGIOUS SIGNIFICANCE AND IS RECOGNISED AS A SECULAR INSTITUTION
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The Evolution of the Family law is thus a socio-cultural phenomenon.To continue with the
Trends and changes in the laws and jurisdiction governing family.
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