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This Course is a perfect guide that covers the broad areas of family law in India | It covers all the important concepts and practical scope of personal laws and secular laws | The Course is divided into six major modules that outline the crucial chapters through which we have tried to deliver a better understanding of the wide areas of family law
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This course is an ideal reference that covers the key elements of Indian family law. It encompasses every significant idea and application of both personal and secular laws. The course is structured into Six main modules, each of which lists the key chapters that we used to try to provide students a better grasp of the many facets of family law. Although the course is brief, it covers a wide range of topics in Family Law I, including the content of all legislation based on religion and the several acts that are used by the courts to control family law problems
Family Law- Professor: A professor or lecture of family law must be profound Knowledge of the domain. He/She must have an understanding of instructional Methodologies related to Family Law and the topics under it.
Family Law Advisor: A Family Law advisor is responsible for helping families Make arrangements for their children and advising the court on what they consider to Be the best outcome for the children.
Family Advocate: He/she assesses the current state of a family in distress and provides the court with the necessary recommendations for further action, such as child guardianship, among other things.
Divorce Expert Lawyer: The attorney helps the client determine whether to dissolve their marriage legally and how to do it. The lawyers are also involved in instances involving wills, trusts, child custody, and other legal issues.
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(i) Ancient Sources – Shrutis & Smritis, Commentaries & Digest, Custom.
(ii) Modern Sources – Judicial Decisions , Legislations, Equity, Justice and Good Conscience
(i) Primary Sources – Quran, Sunna, Ahadis, Ijma, Qiyas
(ii) Secondary Sources – Custom, Judicial Decision, Legislation, Equity, Justice and Good Conscience
(i) Mitakshara and Dayabhag school
(ii) Sub school of Mitakshara
(i) Sunni school of law
(ii) Shia School of Muslim Law
(i) Nature , Definition and Forms of Hindu Marriage.
(ii) Conditions for Marriage & Registration of Marriage (sections 3 and 5 of HMA, 1955)
(iii) Grounds of Void & Voidable Marriage (sections 11 r/w 17, 18 of HMA, 1955 r/w section 494 and 495 IPC) (section 12).
(iv) Marriage Ceremonies and proof of Marriage
(v) Registration of Marriage (section 8 of HMA, 1955)
(vi) Degree of Sapinda relationship and Prohibited
(i) Definition, Nature and Scope of Muslim Marriage (Nikah)
(ii) Difference between Hindu & Muslim Marriage
(iii) Essential Conditions of valid Muslim Marriage
(iv) Classification of Muslim Marriage
(v) Distinction between Shia & Sunni Law of Marriage
(vi) prohibition/ disabilities
(vii) void Marriage
(i) Defination and nature
(ii) Classification of dower
(iii) Endorsement of dower including widows right of retention
(i) Divorce by mutual consent and other modes of dissolution
(ii) Customary dissolution of marriage unilateral divorce.
(i) Talaq
(ii) Talaq-e-Tafweez
(iii) Judicial Separation under The Dissolution of Muslim Marriage Act, 1939
(iv) Distinction between Shia & Sunni Law of Divorce
(i) Nullity of Marriage
(ii) Grounds of Divorce & Wife’s Special Grounds for Divorce
(iii) Divorce by Mutual Consent
(i) Maintenance to Muslim Children
(ii) Maintenance to Muslim Wife
(iii) Divorced Wife’s Right to Maintenance under Muslim Women (Protection of Rights on Divorce) Act, 1986
(i) Provisions under the Cr.P.C, 1973
(ii) Provisions under the Hindu Marriage Act, 1955
(iii) Provisions under the Hindu Adoption & Maintenance Act, 1956
(i) Who may adopt, who may give in adoption and who can be adopted
(ii) Ceremonies of Adoption & Effects of Adoption
(iii) Relationship of Adopted Child & Proof of Adoption
(i) Entitlement to Guardianship
(ii) Obligation
(iii) Rights
(iv) Disqualification of a guardian.
(i) Meaning of Guardianship
(ii) Kinds of Guardianship
(iii) Rights
(iv) Obligation and disqualification of Guardianship
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