New Format of Course Plan-Family Law-Corrected

Format No. QSP/7.1/01.
F01 (C)
Issue No.04 Rev. No 4 Dated : June 7, 2014
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies
Dehradun
COURSE PLAN
Program : B.A., LL.B. (Hons.) Labor/Criminal Laws

B.A., LL.B. (Hons.) Energy Laws
B. TECH., LL.B.ET&IPR, CS & Cyber Law (Hons.)
B.B.A., LL.B. (Hons.) Banking, Finance & Insurance
International Trade & Investment Law
B. COM., LLB. (Hons.) Taxation Laws
B.B.A., LL.B.(Hons.) Corporate Laws
Subject/Course: Family Law-I
Semester : III
Session : August to December 2017
Batch : 2016 -21
2015-2021
Subject Code : LLBL 201
No. of credits : 4
Prepared by : Dr. Mamta Rana
Dr. Gagandeep Kaur
Mr. Ashish Jain
Mr. Ashutosh Tripathi
Ms. Shambhavi Sinha
Email : mrana@ddn.upes.ac.in
gkaur@ddn.upes.ac.in
ashish.jain@ddn.upes.ac.in
ssinha@ddn.upes.ac.in
Approved By
_______________________ _______________________
HOD Dean
UPES Campus Tel : +91-135-2770137

“Energy Acres” Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
COURSE PLAN
Subject: Family Law Course: B.A., LL.B. (Hons.)

Labor & Criminal
Laws
B.A., LL.B. (Hons.)

Energy Laws
B. TECH.,
LL.B.ET&IPR, CS &
Cyber Law (Hons.)
B.B.A., LL.B. (Hons.)

Banking, Finance &
Insurance International
Trade & Investment
Law
B. COM., LLB.
(Hons.) Taxation Laws
College of Legal Studies August-December 2017

B.B.A., LL.B.(Hons.)
Corporate Laws
Duration: August-December,2017 Subject code: LLBL 201
A. OBJECTIVES:
Family Law is the branch of law, which touches each individual of the society. It governs
an integral part of the life of the individual. The fundamentals of Family Law i.e. basic
understanding of the personal laws Hindus, Muslims, Christians, Parsis & Jews, the
knowledge of law governing marriage, divorce, maintenance , adoption and guardianship.
1. To equip the students with fundamental knowledge of Family Law.

2. To prepare the students with strong conceptual and comparative analytical skills.
3. To develop research, analysis, reasoning and presentation skills in students.
4. To enable the students to apply the knowledge in legal practice.
Outcome:
1. Understand the fundamentals of law with commitment towards learning.
2. Interpret the conceptual basis of legal principles with comparative analysis.
3. Research, analyze, rationalize and present effectively.
4. Apply the legal principles and procedures in practice.
The continuous evaluation tools employed are:

1. Quiz/Class Test/ Snap Test (20% weightage)
2. Assignments/Court Room Exercise/ Research Paper/Case analysis (20% weightage)
3. Project Work Presentation (20% weightage)
4. Subject Grand Viva (20% weightage)
5. Attendance (20% weightage)

Program Course’s Understand Interpret the Research, Apply the
Specific Intended the conceptual analyze, legal
Intended Student fundamentals basis of legal rationalize principles
Student Learning of law with principles and present and
learning Outcomes commitment with effectively. procedures
Outcomes towards comparative in practice.
(Program learning. analysis.
Specific
ISLOs) for
B.COM,
LL.B. (Hons.)
TaxationLaws
Students will    
be able to
conceptually
explain the
fundamentals
of law with
comparative
understanding
of legal
systems in
interface with
Tax
administration
and regulation
in India
Students will 
be able to
exhibit
effective
corporate
lawyering
skills,
employing
legal research,
analysis,
rationalisation
and critical
thinking ability

Students will 
demonstrate
effective
understanding
of Indian Tax
discourse,
cases analysis
and legal
reasoning in
tax context and
overall
awareness of
how tax
lawyers can
bring solutions
to legal issues
arising out of
tax system
Students will 
demonstrate 
foundational
understanding
of National and
International
Tax system and
operational
knowledge of
taxation
process.
Students will 
demonstrate
effective oral
and written
communication
skills in the
professional
context.
Students will 
demonstrate
strong insight
of the
practices,
issues and legal
challenges in
the field of tax

Students will
be able to apply
the laws
relevant to
taxation issues
with reference
to Income Tax,
Wealth Tax &
Tax Planning,
Corporate Tax
and Planning,
International
Taxation, Tax
Practice and
Filing of
Return,
Adjudication
of Tax Related
Disputes,
Direct and
Indirect
Taxation, GST
Laws and other
associated
laws.
Students will  
demonstrate
sensitivity
towards ethical
and moral
issues and have
ability to
address them in
the course of
profession in
field of
taxation
Students will  
exhibit
commitment,
leadership,
team building
and networking
skills in legal
world.

Course’s Continuous Continuous Continuous Continuous Continuous Continuous
Intended evaluation evaluation evaluation Tool-2 evaluation evaluation evaluation
Student Tools Tool -1 Tool -3 Tool -4 Tool-5
Learning Quiz/Class Assignments/Court Project Subject Attendance
Outcomes Test/ Snap Room Exercise/ Work Grand Viva
Test Research Presentation
Paper/Case
analysis
Understand     
the
fundamentals
of law with
commitment
towards
learning.
Interpret the    
conceptual
basis of legal
principles
with
comparative
analysis.
Research,  
analyze,
rationalize
and present
effectively.
Apply the
legal
principles
and
procedures in
practice.

B. COURSE OUTLINE
It has 8 modules which are as follows:
MODULE I: CONCEPT OF FAMILY AND DEVELOPMENT OF FAMILY SYSTEM

• Patriarchal Family
• Matrilineal Family
• Nuclear family
• Joint family
• Joint Hindu Family (Mitakshara and Dayabhaga)
• Sources of Hindu Law
• Sources of Muslim Law
• Schools of Law
 Hindu Law
 Muslim Law
MODULE II: INTRODUCTION TO MARRIAGE LAWS
 Concept of Marriage
 Nature of Marriage
 Essential Conditions of Marriage
 Registration of Marriage
 Hindu Marriage Act,1955
 Muslim Marriage
 The Indian Christian Marriage Act, 1872
 The Parsi Marriage and Divorce Act,1936
 Special Marriage Act,1954
 The Foreign Marriage Act,1969
MODULE III: MATRIMONIAL RELIEFS
• Substantive Reliefs
 Annulment
 Restitution of conjugal Rights
 Judicial separation
 Theories of Divorce
Conditions for grant of matrimonial remedies
 Indian Divorce Act,1869

 Parsi Marriage and Divorce Act,1936
 Special Marriage Act,1954
 The Foreign Marriage Act,1969
 Matrimonial Remedies for Muslims (Talaq, Ila, Zihar, Tafwiz, khula, Mubara)
 Muslim wife’s grounds of divorce, Dissolution of Muslim Marriage Act, 1939,
 Bars to Matrimonial Relief.
MODULE IV: MAINTENANCE
 Maintenance of divorced wives, neglected wives, minor children and parents

 Hindu Adoptions and Maintenance Act;1956
 Maintenance of Muslims wives during and after divorce; Muslim Women(Protection of
Rights on Divorce) Act, 1986
 Maintenance under Sec.125 of Cr. P.C.
 Maintenance of Parents and Senior Citizens Act,2007
MODULE V: CHILD AND THE FAMILY
 Parentage and Legitimacy

 Legal status of Child born of void and voidable Marriage under Hindu Law
 Acknowledgement of Paternity
 Legitimacy and Legitimation
 Legitimacy under Sec.112,Indian evidence Act,1872
 Adoption and Custody
 Hindu Law (HMA,1956)
 Juvenile Justice Care and Protection Act,2015
 Inter-Country Adoption
 Guardianship
 Hindu Law
 Muslim Law
MODULE VI: CUSTOMARY PRACTICE AND THE LAW
 Dower
 Types of Dower
 Nature of Dower
 Muslim Women’s right on non-payment of Dower
 Dower whether heritable or transferable
 Offences against Marriage

 Adultery
 Bigamy
 Same Sex Marriages
 Demand of Dowry
 Dowry Prohibition Act, 1961
 Prohibition of Child Marriage Act,2006
 Protection of Women from Domestic Violence Act,2005
MODULE VII: FAMILY COURT AND NEED FOR UCC
 Composition
 Power and functions of Family Courts (Family Courts Act 1984)
 Article 44 of the Indian Constitution
MODULE VIII: RECENT TRENDS IN FAMILY LAW
 Live-in relationship
 Concept of Palimony
 Surrogacy
C. PED AGOGY
Interactive approach during the course of learning (Students are supposed to come prepared for
the topics for discussion in the class/ case studies/ Presentations/ Viva-voce). The main tools of
teaching may be summarized as under:
• Lectures (PPT’s)with Question and Answer Sessions
• Case Law Analysis
• Assignments
• Simulation Exercises- CRE’s
D. COURSE COMPLETION PLAN
Sessions: 4 (lectures of 1 hour each)

Total hours per week: 4 hours per week.
Total number of session’s: 48

E. EVALUATION & GRADING
Description Weight age Schedule
1. Internal Examination 30% Detailed Below
2. Mid-term Exam 20% Academic Calendar
3. End term Exam 50% Academic Calendar
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description Weight age Schedule
1. Continuous Assessment 30% Detailed Below
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5
components:
a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks]
b. Assignment-1 20 Marks
c. Project work 20 Marks (Abstract, Synopsis, final draft and
presentation)
Or
Court Room Exercise 20 Marks (Memorial + Presentation)
Or
Case Comment 20 Marks (Case Brief + Presentation)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the
details of each component are as follows:
a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand
written, to submit/present on a definite date fixed for the same. It will have 20% weightage
for internals. Individual Viva-voce will be conducted on the assignment.

b) Projects/Presentations /Case Analysis
a. Every student will be given individual topic, Land mark current and old Cases covering
the syllabus.
b. Students are supposed to go through primary/secondary data to submit Abstract,
Synopsis and Final draft of the project.
c. Final draft of the project should be submitted in minimum 10 pages.
d. Students are also required to give their presentation by the due date unless an extension
has been granted. Extensions must be requested by email prior to the due date.
e. The duration of a group presentation will be 10 minutes; followed by 5-10 minutes
discussion/query session
f. It will have 20% weightage for internals.
c) Snap tests
a. There will be two snap tests during the course of semester.
b. One snap test will be conducted before mid-semester and the second one will be
conducted before end-semester.
c. The components of the snap test would include multiple choice questions/short answer
type questions/problem based questions.
d. Prior information will be given regarding the snap test.
e. It will have 20% weightage for internals.
d) Grand Viva –voce

a. Viva-voce would be conducted for each student for five minutes for evaluating his/her
subject knowledge and practical learning in the class.
b. It will have 20% weightage for internals.
e) Attendance
a. It will have 20% weightage for internals.
b. Formula for attendance marks
67-75 % 0 Marks
75-80% 5 Marks
80-85% 10 Marks
85-90% 15 Marks
90%-100% 20 Marks
Mid- Semester Examination: 20% Weightage

Sem. examination shall be of two hours duration and shall be a combination of objective type
questions/short answer questions/ memory based general questions, conceptual questions,
analytical questions and application based/problem based questions.
End -Semester Examination: 50% Weightage
End-Semester examination shall be of three hours duration. End-Term examination shall be of

three hours duration and shall be a combination of objective type questions/short answer type
questions/ memory based general questions, conceptual questions, analytical questions and
application based/problem based questions.
Passing Criterion: minimum 40% of the highest marks in the class
Student has to secure minimum 40% marks of the “highest marks in the class
scored by a student in that subject (in that class/group class)” individually in both
the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less
than said percentage shall NOT be allowed to appear in the end semester examination. The
student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during
Tests or the Mid/Final Examination. Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access
the LMS system regularly. Regularly, important information – Date of conducting class tests,
guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best
way to arrange meetings with us or ask specific questions is by email and prior appointment.
All the assignments preferably should be uploaded on LMS. Various research papers/reference
material will be mailed/uploaded on LMS time to time.
F. DETAILED SESSION PLAN
SESSION TOPIC READINGS PEDAGOGY

1. MODULE: I CONCEPT OF Poonam Pradhan Saxena,  Chalk & Talk
FAMILY AND DEVELPOMENT Family Law Lectures II(pp.53-  Examples
OF FAMILY SYSTEM 75)  Discussion
 Patriarchal Family  PPT
 Matrilineal Family Dr. Paras Diwan and Peeyushi Presentation
 Nuclear family Diwan, Family Law(pp.381-  Random
 Joint family 388) questions
2.  Joint Hindu Family Dr. Paras Diwan and Peeyushi  Chalk & Talk
(Mitakshara and Dayabhaga) Diwan, Family Law(pp.381-  Examples
 Sources of Hindu Law 388)  Discussion
 Sources of Muslim Law Poonam Pradhan Saxena,  PPT
Family Law Lectures II(pp. 27- Presentation
75)  Random
Mulla, Hindu Law(pp.4-57,99- questions
108)
Aquil Ahmad, Mohamedan
Law(pp.15-31)
Mulla, Principles of
Mahommendan Law(pp.22-23)
3.  Schools of Law Dr. Paras Diwan and Peeyushi  Chalk & Talk
 Hindu Law Diwan, Family Law(pp.10-11)  Examples
 Muslim Law Mulla, Hindu Law(pp.57-74))  Discussion
Aquil Ahmad, Mohamedan  PPT
Law(pp.32-57) Presentation
Mulla, Principles of  Random
Mahommendan Law(pp.20-21) questions

4. MODULE:II INTRODUCTION  Chalk & Talk
TO MARRIAGE LAWS  Examples
 Concept of Marriage  Discussion
 Valid, Void and Voidable  PPT
Marriage Dr.Paras Diwan and Peeyushi Presentation
 Consequences of Valid, Void Diwan, Family Law(pp.24-  Random
and Voidable marriage 26,92-99) questions
Kusum, Family law lectures-

family Law-I,(pp.12)
Mulla, Hindu Law(pp.882-896)
5-6.  Hindu Marriage Act,1955 Dr. Paras Diwan and Peeyushi  Chalk & Talk
 Nature of Marriage Diwan, Family Law(pp.42-50)  Examples
 Essential Conditions of Mulla, Hindu Law(pp.854-861)  Discussion
Marriage Kusum, Family law lectures-  PPT
family Law-I,(pp.3-8) Presentation
Csae Laws: Sarla Mudgal v.  Random
Union of India (AIR 1995 SC Questions
1531)
Lily Thomas v. Union of India
(AIR 2000 SC 1650)
Mr.X v. Hospital Z (AIR 1999
SC 495)
Seema v. Ashwini Kumar (AIR
2006 SC 1158)
6-8.  Muslim Marriage Aquil Ahmad, Mohamedan  Chalk & Talk

 Nature of Marriage Law(pp.107-146)  Examples
 Essential Conditions of Mulla, Principles of  Discussion
Muslim Marriage Mahommendan Law(pp.223-  PPT
 Muta Marriage 236) Presentation
Case Laws:  Random
Questions

Chand Patel v. Bismillah Begum
1 (2008 DMC 588SC)
Mt. Gulam Kubra Bibi v. Mohd.
Shafi Mohd.Din (AIR 1940
Pesh. 4)
9-10. MODULE: III Dr. Paras Diwan and Peeyushi  Chalk & Talk
MATRIMONIAL RELIEFS Diwan, Family Law(pp.72-  Examples
 Substantive Reliefs 111,122-123)  Discussion
 Annulment Mulla, Hindu Law(pp.870-  PPT
 Restitution of 877,882-896) Presentation
conjugal Rights Kusum, Family law lectures-  Random
family Law-I,(pp.35-42) Questions
Case Laws:
T.Sareetha v. T. Venkata
Subbaiah (AIR 1983 AP 356)
Harvinder Kaur v. Harmander
Sinh Choudhary( AIR 1984 Del
66)
Saroj Rani v. Sudarashan Kumar
Chadha (AIR 1984 SC 1562)
11.  Judicial Separation Dr. Paras Diwan and Peeyushi  Chalk & Talk
Diwan, Family Law(pp.119)  Examples
Mulla, Hindu Law(pp.878-881)  Discussion
Kusum, Family law lectures-  PPT
 Random
Questions
12-14.  Theories of Divorce Dr.Paras Diwan and Peeyushi  Chalk & Talk
 Conditions for grant of Diwan, Family Law(pp.27-  Examples
matrimonial remedies 32,138-191)  Discussion
 Hindu Marriage Act,1955 Mulla, Hindu Law(pp.896-963)  PPT
Case Laws: Presentation
P.L.Sayal v. Sarla Rani (AIR  Random
1961 Punj. LR 377) Questions

Shobha Rani v. Madhukar
Reddy(AIR 1988 SC121)
N.G Dastane v. S. Dastane (AIR
1975 SC 1534)
Bipinchandra Jaisingh Shah v.
Prabhawati (AIR 1957 SC176)
Kaiashwati v. Avodhia Prakash
(1977,79 Punj LR 216)
Swaraj Garg v. K.M.Garg (AIR
1978 Del. 296)
Ashok Hurra v. Rupa Bipin
Zaveri (AIR 1997 SC 1266)
Hirachand Srinivas
Managaonkar v. Sunanda ( AIR
2001 SC 1285)
15-16.  Indian Divorce Act;1869 Dr.Paras Diwan and Peeyushi  Chalk & Talk
 Parsi Marriage and Divorce Diwan, Family Law(pp.138-  Examples
Act,1936 191)  Discussion
 Special Marriage Act,1954  PPT
Kusum, Family law lectures- Presentation
family Law-I,(pp.49-152)  Random
Questions
17-22.  Matrimonial Remedies for Aquil Ahmad, Mohamedan Law,  Chalk & Talk
Muslims (Talaq, Ila, Zihar, (pp.165-198)  Examples
Tafwiz, khula, Mubara) Mulla, Principles of  Discussion
 Muslim wife’s grounds of Mahommendan Law(pp.245-  PPT
divorce Dissolution of 258) Presentation
Muslim Marriage Act, 1939 Case Laws: Itwari v. Asghari  Random
(AIR 1960 ALL 684) Questions
Rashid Ahmed v. Anisa
Khatoon (AIR 1932 PC 25)
Shamim Ara v. State of U.P.
(2002) 7 SCC 518
Masroor Ahmed v. State(NCT
of Delhi) 2008 (103) DRJ 137(
Del.)

Gulam Sakina v. Falak Sher
Allah Bakash (AIR 1950
Lah.45)
23. Kusum, Family law lectures-  Chalk & Talk

family Law-I,(pp.197-211)  Examples
 Bars to Matrimonial Relief Mulla, Hindu Law(pp.994-  Discussion
1018)  PPT
Presentation
 Random
Questions
24. MODULE: IV Maintenance Dr.Paras Diwan and Peeyushi  Chalk & Talk
 Maintenance of divorced Diwan, Family Law(pp.231-  Examples
wives, neglected wives, 248)  Discussion
minor children and parents Mulla, Hindu Law(pp.1018-  PPT
 Hindu Marriage Act,1955 1050) Presentation
Kusum, Family law lectures-  Random
family Law-I,(pp.215-217) Questions
Case Laws:
Savitaben Somabhai Bhatiya v.
State of Gujarat (AIR 2005 SC
1809)
Meenu Chopra v. Deepak
Chopra (AIR 2002 Del.131)
25.  Hindu Adoptions and Dr.Paras Diwan and Peeyushi  Chalk & Talk
Maintenance Act;1956 Diwan, Family Law(pp.342-  Examples
346)  Discussion
Mulla, Hindu Law(pp.1325-  PPT
1334) Presentation
Savitaben Somabhai Bhatiya v. Questions
State of Gujarat (AIR 2005 SC
1809)
Meenu Chopra v. Deepak
Chopra (AIR 2002 Del.131)

26.  Maintenance of Muslims Dr.Paras Diwan and Peeyushi  Chalk & Talk
wives during and after Diwan, Family Law(pp.356-  Examples
divorce; Protection of Rights 364)  Discussion
on Divorce Act, 1986 Mulla, Principles of  PPT
Mahommendan Law(pp.236- Presentation
241)  Random
Questions
Aquil Ahmad, Mohamedan Law,
(pp.231-250)
Kusum, Family law lectures-
family Law-I,(pp.258-266)
Case Laws:
Mohd. Ahmad Khan v. Shah
Bano Begum(AIR 1985 SC
945)
Danial Latifi v. Union of
India(AIR 2001 SC3958)
27.  Maintenance Under Sec.125 Dr.Paras Diwan and Peeyushi  Chalk & Talk
of Cr.P.C Diwan, Family Law(pp.365-  Examples
375)  Discussion
Kusum, Family law lectures-  PPT
Balbir Singh v. Hardeep Questions
Singh,82Cr.LJ1136(1976)
Manoj Kumar vs. Champa
Devi, SLP (Crl.) No(s).
10137/2015
Shailja and another Vs
Khobbanna SLP (Crl.) No(s).
6025-6026 /2013

28.  Maintenance of Parents and Kusum, Family law lectures-  Chalk & Talk
Senior Citizens Act,2007 family Law-I,(pp.280-289)  Examples
 Discussion
 PPT
Presentation
 Random
Questions
29. MODULE: V CHILD AND Dr. Paras Diwan and Peeyushi  Chalk & Talk
THE FAMILY Diwan, Family Law(pp.311-  Examples
314)  Discussion
 Parentage and Legitimacy Case Laws:  PPT
 Legal status of Child born of D. Velusamy v. D. Presentation
void and voidable Marriage Patchaiammal( AIR 2011SC  Random
under Hindu Law 479) Questions
 Legitimacy of Children born Indra Sarma vs. V.K.V.
of Live-in Relationship Sarma(Criminal Appeal No.
2009 of 2013)
30.  Acknowledgement of Aquil Ahmad, Mohamedan  Chalk & Talk

Paternity Law(pp.199-210)  Examples
 Legitimacy and Mulla, Principles of  Discussion
Legitimation Mahommendan Law(pp.277-  PPT
 Legitimacy under 284) Presentation
Sec.112,Indian evidence Case Laws:  Random
Act,1872 Muhammad Allahdad Khan v. Questions
Muhammad Ismail ILR (1987)
10 ALL. 289
Kanti Devi v.Poshi RamI( 2001)
DMC763 SC
Gautam Kundu v. State of West
Bengal (AIR 1993 SC 2295)
Nand lal Wasudeo Badwaik V.
Lata Nand Lal Badwaik &
others(SLP No.8852,2014)

31. Adoption and Custody Dr.Paras Diwan and Peeyushi  Chalk & Talk
Hindu Law Diwan, Family Law(pp.316-  Examples
(HAMA,1956) 331)  Discussion
Mulla, Hindu Law(pp.1297-  PPT
1316) Presentation
Sawan Ram v. Kalawanti (AIR Questions
1967 SC 1761)
Vijayalakshmamma
v.B.T.Shankar (AIR 2001
SC1424)
Sandhya v.Union of India
(AIR 1998 Bom228)
32.  Juvenile Justice Care and Kusum, Family law lectures-

Protection Act,2015 family Law-I,(pp.321-337)
 Inter-Country Adoption Case Laws:
Lakshmi Kant Pandey v.  Chalk & Talk
Union of India (AIR 1984SC  Examples
469)  Discussion
Shabnam Hashmi v.Union of  PPT
India & Others(, (2014) 4 Presentation
SCC1  Random
Questions
33.  Guardianship Kusum, Family law lectures-  Chalk & Talk

family Law-I,(pp.303-307)  Examples
 Hindu Law Dr.Paras Diwan and Peeyushi  Discussion
 Muslim Law Diwan, Family Law(pp.287-  PPT
308) Presentation
Mulla, Hindu Law(pp.1251-  Random
1273) Questions
Aquil Ahmad, Mohamedan
Law(pp.211-230)
Mulla, Principles of
Mahommendan Law(pp.285-
299)
Case Laws:
Githa Hariharan v.Reserve

Bank Of India(AIR 1999 SC
1149)
Vandana Shiva v. J.
Bandhopadhyaya(1999) 2
SCC228
Gaurav Nagpal v. Sumedha
Nagpal(AIR 2009 SC 557
Del.)
ABC v. The State (NCT of
Delhi), 2015 SCC On Line SC
609, decided on 06.07.2015
34-36. MODULE :VI Mulla, Principles of  Chalk & Talk

CUSTOMARY PRACTICE Mahommendan Law(pp.245-  Examples
AND THE LAW 257)  Discussion
Aquil Ahmad, Mohamedan  PPT
 Dower Law(pp.149-164) Presentation
 Types of Dower Maina Bibi v. Chaudhary Questions
 Nature of Dower Vakil Ahmad (1924) 52 IA
 Muslim Women’s right on 145
non-payment of Dower
 Dower whether heritable or
transferable
37-40.  Offences against Marriage S.C.Tripathi and Vibha Arora,  Chalk & Talk
 Adultery Law Relating to Women and  Examples
 Bigamy Children,(pp.54-71,108-  Discussion
 Same-Sex marriage 127,301-320)  PPT
 Demand of Dowry Case Laws: Presentation
 Dowry Prohibition Act, 1961  Random
Naz Foundation v. Government
Questions
of NCT of Delhi, 2010 CriLJ 94
Sowmithri Vishnu v. Union of

India( 1985 Supp SCC 137)
S.Gopal Reddy v.State of

A.P.(1996)4 SCC 596
State of HP v. Nikku Ram
(1995) 6SCC219
Rajesh Sharma v. State of
U.P., 2017 SCC Online SC
821
41-42.  Prohibition of Child Marriage S.C.Tripathi and Vibha Arora,  Chalk & Talk
Act,2006 Law Relating to Women and  Examples
 Protection Of Women from Children,(pp.399-402,43-53)  Discussion
Domestic Violence Act,2005 Case Laws:  PPT
S.R.Batra v.Taruna Batra Presentation
AIR 2007SC 1118  Random
Questions
43-44. MODULE : VII S.C.Tripathi and Vibha Arora,  Chalk & Talk
FAMILY COURT AND NEED Law Relating to Women and  Examples
FOR UCC Children,(pp.333-340)  Discussion
 Composition Flavia Agnes, Marriage,  PPT
 Power and functions of Divorce, and Matrimonial Presentation
Family Courts (Family Courts Litigation,(pp.269-315)  Random
Act 1984) Flavia Agnes, Marriage, Questions
 Reconciliation Proceedings in Family Laws and
Family Courts Constitutional Claims,(pp.148-
 Article 44 of the Indian 168)
Constitution Gyandendra Kumar Sharma,
Reconciliation and other
Proceedings before Family
Courts in India,(pp.77-117)
Case Laws:
Lata Pimple v Union of India
(AIR1993 Bom255)
Kailash Bhansali v. Surender
Kumar (Air2000 Raj 390)
John Valamattom v. Union of
India, AIR 2003 SC 2902.
Sarla Mudgal v. Union of India
(AIR 1995 SC 1531)
Lily Thomas v. Union of India
(AIR 2000 SC 1650)

45-48 MODULE :VIII RECENT  Chalk & Talk
TRENDS IN FAMILY LAW Articles:  Examples
Vijender Kumar, Live-In Relationship : Discussion
 Live-in relationship Impact on Marriage and Family  PPT
 Concept of Palimony Institutions, (2012) 4 SCC J Presentation
 Surrogacy Anjali Agarwal ,Live In R’ships  Random
and its Impact on the Questions
Institution of Marriage in
India
Volume 3, Issue 1 October 2013 West
minister Law Review
Anuja Agrawal,
Law and 'Live-in' Relationships
in India, Economic and Political
weekly, Vol - XLVII No. 39,
2012
Lost Citizenship of a Surrogate
Child- SCC Online, Web
Edition
Commercial Surrogacy: Is it
Morally and Ethically
Acceptable in India?- SCC
Online, Web Edition
Regulating the trade of
commercial surrogacy in India
Izabela Jargilo, Hein online
Law and surrogacy
arrangements in India
Anil Malhotra and Ranjit
Malhotra, Hein online

"At Least I Am Not Sleeping
with Anyone": Resisting the
Stigma of. Commercial
Surrogacy in India
Amrita Pande, Jstor
Womb for Rent: India's
Commercial Surrogacy, Mina
Chang, Jstor
Case Laws:
Lata Singh Vs. State of U.P. &
Anr AIR 2006SC 2522
S. Khushboo Vs. Kanniammal &
Anr., JT 2010 (4)SC478
Chanmuniya v. Virendra Kumar
(2010 AIR SCW 6497)
Bharatha Matha v. R. Vijaya
Renganathan(AIR 2010 SC
2685)
D. Velusamy v. D.
Patchaiammal( AIR 2011SC
479)
Baby Manju Yamada v. Union of India,
(2008) 13 SCC 518
Dedicated meeting time for the students 4pm to 5pm every day
G. SUGGESTED READINGS:
G: 1 TEXT BOOKS:
 Aquil Ahmad, Mohamedan Law, Central Law Agency, 2006
 Dr. Paras Diwan, Family Law, Allahabad Law Agency,2011
 Kusum, Family law lectures- family Law-I, Lexis Nexis Butterworths,2008
 Mamta Rao, Law relating to Women & Children, Eastern Book Co.,2008
 Prof. G.C.V.Subba Rao’s, Family Law in India, S.Georgia & Company,2010

G: 2 REFERENCE BOOKS
 Asaf A.A. Fyzee, Outline of Mohammedan Law, Oxford University Press,2008

 D.D Basu, Commentary on the Constitution of India, (Vol. 3), Lexis Nexis Butterworths
Wadhwa, Nagpur,2008
 Dr Poonam Pradan Saxena, Family Law II lecturers, Lexis Nexis
 Flavia Agnes, Marriage, Divorce, and Matrimonial Litigation, Oxford University
Press,2011
 Flavia Agnes, Marriage, Family Laws and Constitutional Claims, Oxford University
Press,2011
 Mayne’s, Hindu law & usages, Bharat Law House, 2008
 Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2012
 Mulla, Principles of Mahomedan Law, Lexis Nexis Butterworths Wadwa, 2012
 R.V. Kelkar, Criminal Procedure, 5th Edn. 2008
 S.A.Desai, Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2008
 S.C.Tripathi and Vibha Arora, Law Relating to Women and Children, Central Law
Publications,2010
 Syed Khalid Rashid’s , Muslim law, Eastern Book Company, 2008
G: 3 Bare Acts
 Dissolution of Muslim Marriage Act,1939
 Guardians and Wards Act,1890
 Indian Evidence Act,1872
 Indian Penal Code,1860
 The Christian Marriage Act,1872
 The Code Criminal Procedure,1973
 The Constitution of Indian,1950
 The Dowry Prohibition Act,1961
 The Family Courts Act,1984
 The Foreign Marriage Act,1969
 The Hindu Adoption and Maintenance Act,1956
 The Hindu Marriage Act,1955
 The Hindu Minority and Guardianship Act,1956
 The Indian Divorce Act 1869
 The Juvenile Justice (Care and Protection) Act,2000
 The Maintenance and Welfare of Parents and Senior Citizens Act,2007
 The Muslim Personal Law (Shariat) Application Act, 1937
 The Muslim Women( Protection of Rights on Divorce) Act,1986

 The Parsi Marriage and Divorce Act,1936
 The Prohibition of Child Marriage Act,2006
 The Protection of Women from Domestic Violence Act,2005
 The Special Marriage Act,1954
G: 4 Journals/Magazines
 AIR
 Economic and Political Weekly
 Journal of India Law Institute
 Supreme Court Cases
 The Practical Lawyer
G: 5 Web Sources
 AIR Database
 JSTOR
 SCC Online
 Westlaw Database
H. Instructions
a) Students are expected to read the concerned session’s contents in advance before coming
to the class.
b) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current
practices, examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their
views and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she will
lose the marks.
f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.

Annexure-I
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES
B.A., LL.B.(Hons.)
SEMESTER
ACADEMIC YEAR: 2017-18 SESSIONS: AUGUST-DECEMBER
ASSIGNMENT – NUMBER
FOR
Family Law-I
(LLBG201)
Under the Supervision of: Dr. Mamta Rana
(TO BE FILLED BY THE STUDENT)
NAME: _______________________
SAP NO: _______________________
ROLL NO ------------------------------------

Section A
1. Presumption of Legitimacy
2. Palimony
3. Uniform Civil Code
4. Surrogacy
SECTION – B
6. What are requisites of a valid adoption and its legal effects on the adoptive family and the
family of the birth of the adopted child?
7. Define the term ‘dower’. What are the rights of Muslim Women on non-payment of dower?
8. Explain the Constitution, powers and functioning of the family court.
SECTION –C
9. What are the grounds on which a woman married under Muslim law obtains dissolution of
marriage under the Dissolution of Muslim Marriage Act, 1939?
10. Explain the Constitutional validity of section 9 of the Hindu Marriage Act, 1955.
11. Who are the natural guardians of a minor under the Hindu Law and the Muslim Law? Also,
explain their powers.
SECTION – D
12. Shivani married Shubham under Hindu Law. Shubham, a bank manager belonged to a middle
class family while Shivani’s parents were very affluent. Shivani was an arrogant and a proud lady
who always misbehaved with Shubham and his parents and never did household work. She often
disturbed him whenever he was busy with official work. One day she tore her Mangalsutra and
threw it upon his face, when he asked her to help his mother in kitchen. Shubham slapped her and
turned her out of his house. She filed a petition for divorce on the ground of cruelty and desertion.
Decide under personal laws.
13. In 2009, Anita, an unmarried female found an abandoned child outside a temple. She took the
child to the police station and the police requested her to take care of the child till they are not
able to trace the parents of the child. In 2015, she decides to take this child in adoption. When
Anita can take child in adoption under Hindu Law and Secular Law?
14. What reliefs are available to an aggrieved person in the following cases (under personal laws?)
1) After one year, the husband of wife W has become impotent.

2) The marriage of W was solemnized when she was only 14 years old and her guardian gave
consent on her behalf. After attaining the age of 16 years, she has withdrawn her company
from her husband.

15. A (a husband) is impotent and is unable to discharge his married obligations. Can his wife B
on this ground refuse to live with A and claim maintenance from her husband under the criminal
procedure code and personal laws?
(Attempt all questions. Each questions carry equal marks)

Section D (50 marks)
(Attempt all questions. All questions carry equal marks)
- Application Based Question
Read the case “Case / problem” and answer the following questions:
Case Study/ Case Details/ Problem Details
Questions: Based on the Case Study/Case Details/Problem Details
INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.

2. To answer your assignment questions you need to access multiple information sources like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.
3. Please remember that due to the dynamic and rapidly changing global legal environment
and the continuously realigning geopolitical situation, your answers should capture and
depict the current contemporary information.

4. As a student of Law, we encourage to have a contrary point of view. But do ensure that
you can provide a logical justification to this view supported by verifiable facts, figures,
statues and decided cases by various higher courts.
5. Caution: Remember to provide original answers only as your Assignment submissions

will be run through an anti-plagiarism software (Turnitin).
List of Project Topics (Empirical Study)
(Universe of Study- Dehradun or nearby areas)
1. Study of crime against women
2. Study of Dowry Deaths
3. Commercial Surrogacy
4. Live-in Relationship
5. Adoptions
6. Triple Talak
7. Child Labor
8. Solid waste management
9. Domestic violence
10. Polygamy
11. Mutual Consent
12.Same sex Marriage
13. Child Marriage
14. Impact of Media
15. Impact of Virtual world
16. Cruelty as a ground of divorce

17. Position of inmates in Jail
18. Child Abuse
19. Study of Rape Victim
20. Draft Uniform Civil Code
21. Maintenance of senior citizens
22.Surrogacy versus Adoption
23.Mediation in Divorce
24. Role of internet in Muslim marriage
25. Dower and its reality
26.Alimony and Maintenance: An Analyses
27.Child Abuse and Family
28.Child Rights and Divorce
29.Collaborative Divorce
30.Live- in Relationship and its impact on family and marriage
31.Live- in Relationship and right to maintenance

32.Maintenance rights of Senior Citizens
33.Maternity Rights of Surrogate mother
34.Offences against Marriage
35.Religion and Child Custody
36.Right to Privacy
37. Right to Reproduction
38. Divorce by Mutual Consent
39. Choice of matrimonial home

40. Property Rights of Illegitimate Children
Annexure-II
GUIDELINES FOR PROJECT WORK
The project will be completed as follows:
1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterisation
3. Submission of Final Project report after approval of synopsis.

a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue
Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, foot notes and required bibliography.
4. The project work shall

a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the
portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration
with others.
6. A certificate to the effect that the project work carried out by the student independently or
in collaboration with other student(s) endorsed by the student shall form the part of the
submission for evaluation.
7. Every student who spends a specified period of time in an industry/organization/institute

for reasons of work related to his/her project work, with prior permission from the
Coordinator concerned will explicitly acknowledge working in the relevant
industry/organization/institute.
8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software will
necessarily be as per the standards prescribed by the university. If the report is below
standards the supervisor will reject the project and award zero marks.
Annexure III
CONTINOUS ASSESSMENT SHEET (___________)

Programme Name Semester III
Faculty Name
Subject
Subject Code
Quiz/Class Assignment Project Subject Grand Attendance Total
Test/ Snap Work/Case Viva 100
Test Analysis/Court Marks
Room Exercise
Enrl. No. Name 20% weightage 20% weightage 20% weightage 20% weightage
20%
weigh
tage
I II Report / Viva
10 10 /PPT

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Annexure IV
Course Calendar- August to December, 2017

S. No. Synopsis Project Assignment Snap Snap Grand Viva
Test-I Test-
II
Date of 19th,Aug 23rd, 19th,Nov. 14th, sept. 3rd 23rd Nov.-27th Nov.
Nov
submission Oct. ,

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Format No. QSP/7.1/01.

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Program : B.A., LL.B. (Hons.) Labor/Criminal Laws

UPES Campus Tel : +91-135-2770137

Subject: Family Law Course: B.A., LL.B. (Hons.)

B.A., LL.B. (Hons.)

B.B.A., LL.B. (Hons.)

College of Legal Studies August-December 2017

Duration: August-December,2017 Subject code: LLBL 201

1. To equip the students with fundamental knowledge of Family Law.

The continuous evaluation tools employed are:

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

It has 8 modules which are as follows:

MODULE I: CONCEPT OF FAMILY AND DEVELOPMENT OF FAMILY SYSTEM

 The Foreign Marriage Act,1969

MODULE III: MATRIMONIAL RELIEFS

College of Legal Studies August-December 2017

MODULE IV: MAINTENANCE

 Maintenance of divorced wives, neglected wives, minor children and parents

MODULE V: CHILD AND THE FAMILY

 Parentage and Legitimacy

MODULE VI: CUSTOMARY PRACTICE AND THE LAW

College of Legal Studies August-December 2017

MODULE VII: FAMILY COURT AND NEED FOR UCC

MODULE VIII: RECENT TRENDS IN FAMILY LAW

D. COURSE COMPLETION PLAN

Sessions: 4 (lectures of 1 hour each)

College of Legal Studies August-December 2017

Description Weight age Schedule

1. Internal Examination 30% Detailed Below

2. Mid-term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

College of Legal Studies August-December 2017

d) Grand Viva –voce

Mid- Semester Examination: 20% Weightage

College of Legal Studies August-December 2017

End -Semester Examination: 50% Weightage

End-Semester examination shall be of three hours duration. End-Term examination shall be of

Passing Criterion: minimum 40% of the highest marks in the class

F. DETAILED SESSION PLAN

SESSION TOPIC READINGS PEDAGOGY

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

Kusum, Family law lectures-

6-8.  Muslim Marriage Aquil Ahmad, Mohamedan  Chalk & Talk

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

23. Kusum, Family law lectures-  Chalk & Talk

College of Legal Studies August-December 2017

College of Legal Studies August-December 2017

30.  Acknowledgement of Aquil Ahmad, Mohamedan  Chalk & Talk

College of Legal Studies August-December 2017

32.  Juvenile Justice Care and Kusum, Family law lectures-

33.  Guardianship Kusum, Family law lectures-  Chalk & Talk

College of Legal Studies August-December 2017

34-36. MODULE :VI Mulla, Principles of  Chalk & Talk

Sowmithri Vishnu v. Union of