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Family Law I - Hindu Law

Semester 1 · 20 topics in 5 units

Past question papers for Family Law I - Hindu Law

Unit I 3 topics

  1. Dharma and the sources of Hindu lawWhat dharma means, the ancient sources from shruti to custom, the modern sources of equity, precedent and legislation, and the requisites of a valid custom.8 min
  2. Schools of Hindu law: Mitakshara and DayabhagaHow the two schools arose, the sub-schools of the Mitakshara, and the differences between Mitakshara and Dayabhaga on birth and death, survivorship and succession, the rights of coparceners and the position of women.6 min
  3. Application of Hindu law: who is a HinduThe persons to whom the Hindu Code applies: Hindus by religion, by birth and by conversion, the courts' attempts to define Hinduism, reconversion, and the exclusion of Scheduled Tribes.7 min

Unit II 4 topics

  1. Hindu marriage and the conditions of a valid marriageThe nature of Hindu marriage before and after 1955, the conditions in section 5, ceremonies and registration, void and voidable marriages, and the legitimacy of children under section 16.8 min
  2. Restitution of conjugal rights and judicial separationThe two matrimonial remedies short of divorce under sections 9 and 10 of the Hindu Marriage Act, the constitutional challenge to restitution settled in Saroj Rani, and how judicial separation differs from divorce.7 min
  3. Divorce under the Hindu Marriage ActThe fault grounds in section 13(1), the wife's special grounds in section 13(2), divorce by mutual consent and the waiver of the cooling period, irretrievable breakdown under Article 142, the one-year bar, and what the 1976 amendment changed.9 min
  4. Maintenance, alimony and dowry prohibitionInterim maintenance and permanent alimony under sections 24 and 25 of the Hindu Marriage Act, the Rajnesh v. Neha guidelines, the Dowry Prohibition Act, 1961, and dowry death and cruelty under the Bharatiya Nyaya Sanhita.9 min

Unit III 6 topics

  1. Joint Hindu family and coparcenaryThe Hindu undivided family and the narrower Mitakshara coparcenary, how each is formed, the incidents of coparcenary, and daughters as coparceners after the 2005 amendment and Vineeta Sharma.7 min
  2. Joint family property and separate propertyThe kinds of property a Hindu may hold: ancestral property, joint acquisitions, separate property thrown into the common stock, and self-acquired property, under the Mitakshara and the Dayabhaga, with the effect of section 8 of the Hindu Succession Act.7 min
  3. The karta: position, powers and obligationsWho can be karta of a joint Hindu family, including a woman after 2005, the karta's powers of management and of alienation for legal necessity and benefit of the estate, and his liabilities and duty to account.7 min
  4. Debts and the doctrine of pious obligationHow far the joint family property is liable for debts, the son's pious obligation to pay his father's untainted debts, avyavaharika debts, the antecedent-debt rule, and the abolition of the doctrine by section 6(4) of the Hindu Succession Act for debts after 2005.6 min
  5. Partition and reunionWhat partition means under the Mitakshara and Dayabhaga, who can demand it and who takes a share, the modes of partition, when a partition can be re-opened, and reunion and its effect.7 min
  6. Hindu religious and charitable endowmentsWhat an endowment is, the difference between public and private endowments, the idol as a juristic person, and the office, powers and duties of the shebait and the mahant.8 min

Unit IV 4 topics

  1. Succession to a Hindu male dying intestateHow the old Mitakshara and Dayabhaga orders of inheritance gave way to the Hindu Succession Act, the general rules in section 8, Class I and Class II heirs, agnates and cognates, escheat, disqualifications, and devolution of a coparcener's interest under section 6.8 min
  2. Succession to a Hindu female and stridhanaStridhana and the woman's limited estate in the old law, how section 14 turned limited ownership into full ownership, the Tulasamma rule, and the order of succession to a Hindu female under sections 15 and 16.7 min
  3. The Hindu Succession (Amendment) Act, 2005Daughters as coparceners by birth under the new section 6, the end of survivorship and of the pious obligation for new debts, the omission of sections 23 and 24, the Vineeta Sharma ruling, and the State amendments that came first.6 min
  4. Gifts, wills and testamentary successionWhat a Hindu may give away during life and by will: limits on gifts of joint family property, gifts for pious purposes, section 30 of the Hindu Succession Act, and how the Indian Succession Act governs the making and proof of a Hindu will.7 min

Unit V 3 topics

  1. Minority and guardianshipThe Hindu Minority and Guardianship Act, 1956: the four kinds of guardian, who is the natural guardian after Githa Hariharan, the limits on a natural guardian's power over the minor's property, the end of the de facto guardian, and the welfare principle.7 min
  2. Adoption under the Hindu Adoptions and Maintenance ActThe requisites of a valid adoption under sections 6 to 11, the capacity of a male and a female Hindu to adopt after the 2010 amendment, who may give and who may be taken, the effects of adoption under section 12, the end of the relation-back doctrine, and the bar on cancellation.7 min
  3. Maintenance under HAMA and traditional rightsThe traditional Hindu duty to maintain, and the scheme of sections 18 to 28 of the Hindu Adoptions and Maintenance Act: the wife, the widowed daughter-in-law, children and aged parents, dependants, the amount, and how it fits with section 144 of the BNSS.8 min