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  1. erp.newlawcollege.edu.in › admin › notesFAMILY LAW-I

    1. Nature of Hindu law, Application of Hindu law, Sources of Hindu law - Ancient to Modern, Schools of Hindu law, Development and nature of Muslim law, Application of Muslim law, Sources of Muslim law, Schools of Muslim law 6-28 II MODULE 02 MARRIAGE AND MATRIMONIAL RELIEFS UNDER HINDU LAW 1.

    • Hindu Marriage Act 1955
    • Surrogacy
    • Special Marriage Act 1954
    • Indian Christian Marriage Act
    • Hindu Adoption and Maintenance Act 1956
    • Hindu Minority and Guardianship Act 1956
    • Muslim Personal Law
    • Joint Hindu Family

    S.2- 1) Application of the Act- 1. Who are Hindu by religion in any of its forms and development including Vaishnava, lingayat or the follower of Brahma, Prarthana or Arya Samaj. 2. Who is buddhist, Sikh or Jain by religion 3. Any other person domiciled in the territories to which this act extend who is not a muslim, christian, Parsi or jew by reli...

    Statutory provisions-

    Constitution of India, Article 21 right to bodily autonomy Right to reproductive autonomy from perspective to right to privacy Finding a family As many children Right to adopt and give in adoption a child

    UDHR- Article- 3, 16

    Article 141 of Indian constitution Indian contract Act ICMR Guidelines 2005 VISA Regulations- MEA Stop gap arrangements for foreigners in India CARA (Central Adoption Resource Agency) guidelines- single person cannot adopt a child. http://cara.nic.in/parents/Guideline_RI.html

    Pre 2015 position

    No transit permit visa Permit from home country necessary Had to be married No homosexual Indian origins

    Conditions for a valid marriage- No living spouse Capable of giving consent Completed 21 years of age in case of male and 18 years in case of female Not within prohibited relationship unless permit...
    Notice of intended marriage– to be given to marriage registrar of the district where at least one party must have been residing for at least 30 days immediately preceding the date on which such not...
    Such notice shall be displayed in the marriage notice book open for inspection by any person free of cost. Same shall also be published in the district of permanent address of the parties.
    Objections to Marriage-has to be raised within the 30 days of publication of intended marriage.

    Lakshmi Sanyal v Sanchit Kumar Dhar The conversion to Christianity as also the performance of the ceremony of marriage was all attributed to fraud, coercion, and undue influence practiced by the respondent. It was claimed that the appellant was a minor at the time the marriage was solemnized and the consent of her father or her guardian was not tak...

    S.1 Application- Hindu by religion in any of its form including Vaishnava, Lingayat, Brahms, Prarthana or Arya Samaj Buddhist, Jain, Sikh Not Muslim, Christian, Parsi Any child legitimate or illegitimate both of whose parents Hindus One of parents Hindu but brought up as Hindu Convert to Hindu S.3. Definitions Maintenance includes- provisions of fo...

    S.4- minor is a person not completed the age of 18 Guardian means a person having the care of the person or property or both of a minor and includes-Natural Guardian Guardian appointed by the will of minor’s parents A guardian appointed by the court Any person empowers to act as such S.5- This act to have overriding effect over any other law, custo...

    KP Chandshekharappa v Mysore Defined Muslim– not necessary by birth Abdul Kadir v Salim A Muslim marriage is purely a civil contract and not a sacrament

    Hindu Joint Family and Coparcenary Every Hindu family is assumed to be a joint family- After marriage, a daughter ceases to be a member of the joint family. She will join again if returns after getting widowed or divorced Gur Narain Das v Gur Tahal Das, AIR 1952 SC 225. Sitabai v Ramchandra AIR 1970 SC 343 Gowli Buddanna v CIT Mysore AIR 1966 SC 15...

  2. This study material in Family Law-I is designed to guide the students to understand the meaning and concepts that are involved in family system in their Personal Laws. It also focuses the students to

  3. Mar 30, 2019 · This page contains the family law 2 notes of the 5 Year BA LLB Hons. course in Law Schools. These family law notes largely deal with the important concepts of Hindu law like joint Hindu family, coparcenary, karta, partition, reunion, succession, stridhan; and concepts of Muslim law like Islamic inheritance and succession, wills, gifts, and waqf ...

  4. I SEM. Subject – Family Law (Hindu Law) 4 Before the codification of Hindu Law, the ancient literature was the only source of the law. These sources can be divided into four categories: Shruti means "what is heard". It is believed that the rishis and munis had reached the height of

  5. LB- 201 Law of Evidence LB-202 Family Law. LB-203 Law of Crimes- II. LB-204 Property Law. LB- 205 Public International Law. III Term LL.B. Compulsory Subjects: LB-301: Constitutional Law – I . LB-302: Code of Civil Procedure and Limitation Act. LB-303: Company Law . LB-304: Special Contracts . Optional Subjects LB- 3031: Media and Law

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  7. Sep 16, 2012 · Family Law / Hindu Law – UNIT I — Revision Study Notes for LL.B. Introduction of the Hindu Law. Concept of Dharma. Hindu Law is a body of principles or rules called ‘Dharma’. Dharma according to Hindu texts embraces everything in life.