Course Contents

Learning about Family Law

Module – I - Introduction to Personal Laws
- Sources of Hindu Law
  - Ancient Sources – Shrutis & Smritis, Commentaries & Digest, Custom
  - Modern Sources – Judicial Decisions , Legislations, Equity, Justice and Good Conscience
- Sources of Muslim Law
  - Primary Sources – Quran, Sunnat, Ahadis, Ijma, Qiyas
  - Secondary Sources – Custom, Judicial Decision, Legislation, Equity, Justice and Good Conscience
- Schools of Hindu Law & Muslim Law
Module – II - Marriage Laws
- Marriage under Hindu Law
  - Nature , Definition and Forms of Marriage
  - Conditions for Marriage & Registration of Marriage
  - Marriage Ceremonies and proof of Marriage
  - Degree of Prohibited relationship and Sapinda relationship
  - Grounds of Void & Voidable Marriage
- Marriage under Muslim Law
  - Definition, Nature and Scope of Muslim Marriage (Nikah)
  - Difference between Hindu & Muslim Marriage
  - Essential Conditions of Muslim Marriage
  - Classification of Muslim Marriage
  - Distinction between Shia & Sunni Law of Marriage
Module – III - Dissolution of Marriage
- Judicial Separation & Restitution of Conjugal Rights
- Dissolution of Marriage under Hindu Law
  - Nullity of Marriage
  - Grounds of Divorce & Wife’s Special Grounds for Divorce
  - Divorce by Mutual Consent
  - Irretrievable Breakdown of Marriage
- Dissolution of Marriage under Muslim Law
  - Essentials of Talaq
  - Modes of Talaq
  - Judicial Separation under The Dissolution of Muslim Marriage Act, 1939
  - Distinction between Shia & Sunni Law of Divorce
Module – IV - Maintenance and Adoption
- Maintenance under Hindu Law
  - Provisions under the Hindu Marriage Act, 1955
  - Provisions under the Hindu Adoption & Maintenance Act, 1956
  - Provisions under the Cr.P.C, 1973
- Maintenance under Muslim Law
  - Maintenance to Muslim Wife
  - Divorced Wife’s Right to Maintenance under Muslim Women (Protection of Rights on Divorce) Act, 1986
  - Maintenance to Muslim Children
- Adoption under Hindu Law
  - Who may adopt, who may give in adoption and who can be adopted
  - Ceremonies of Adoption & Effects of Adoption
  - Relationship of Adopted Child & Proof of Adoption
Module – V - Guardianship
- Guardianship of person– Natural, Testamentary and Guardian appointed by court
- Guardianship of minors property
- Defacto Guardian
- Guardianship under Muslim Law
  - Meaning , Appointment and Removal of Guardianship
  - Kinds of guardianship- guardianship in marriage, person and property

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Instructor Profile

Apurva Agarwal

Apurva runs his firm in the name of Universal Legal. His areas of expertise include Real Estate, Corporate and Commercial, Medical, Intellectual Property and Media. His articles have been published in various newspapers and magazines.