DR.

PRIYA VINJAMURI

 Concept of Family;

Animal to social behavior;

Evolution of Cohabitation and partnership; Promiscuity and relationship; Polygamous and polyandrous groups to

monogamous and mono-androus couples;

Result of

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 Acquisition of property,

Demarcation of land and assets;

Need for succession of the accumulated

wealth; Growth of small groups; Tribal settlements; Nomadic lifestyle to sedentary lifestyle; Ethnic , indigenous and displaced communities;
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 Conception of children from polygamous

relationships and polyandrous relationshipsissues in such preference to monogamy and mono-andry-simplification of succession; Succession, survivor ship and concept of partition; Sons differentiated from daughters; Concept of womens wealth (Stridhan in India);
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 Custom, culture, religion and traditions

play a significant role in shaping and moulding the family, and they have their own characteristic approach and attitude towards the question of family relationship. As a result, India is a country having a number of personal laws.

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 Present status of Family: Effect of

cohabitation; Family from Human Rights perspective, Womens rights & Child rights perspective; Globalization and concept of family; Legal status to a family; Status in India; UK; US; Middle East; Other nations;

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 Significance of the laws relating to family;

Importance and evolution of the laws; Impact and effect of Islamic rule, the British influence on the modern Indian family law and legal system Need for a Uniform Civil Code and its impact on the legal system in India.

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 Sources of family law; relevance of the

religious scriptures; Family laws variant as per religion; The Hindu law Sources and Origin; Marriage; Divorce; Succession; Concept of Karta; Minority; Guardianship; Adoption; Partition; Succession; Islamic Laws-origin, nature and effect;
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 India is a country having a number of personal laws.

Each community as its own personal law. The Hindu majority community has its own personal law. Similarly, minorities like Muslims, Christians, Parsis and Jews have their separate personal laws. All these communities claim their laws to be divine in their origin. However, in the recent times, these laws have undergone certain changes through legislative and judicial process.
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The Hindu Marriage Act, 1955 The Hindu Minority and Gaurdianship Act, 1956 The Indian Divorce Act, 1869 The Muslim Personal Law (Shariat) Application Act, 1937 The Muslim Women (Protection of Rights on Divorce) Act, 1986 The Dissolution of Muslim Marriages Act, 1939 The Special Marriage Act, 1954 The Hindu Succession Act, 1956 The Hindu Adoptions and Maintenance Act, 1956
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 Protection of Women from Domestic Violence Act,

2005. The Dowry Prohibition Act, 1961 The Foreign Marriage Act, 1969 The Guardians And Wards Act, 1890 The Maternity Benefits Act, 1961 Indian and Colonial Divorce Jurisdiction Act, 1940 The Anand Marriage Act, 1909 The Arya Marriage Validation Act, 1937 Matrimonial Causes (War Marriages) Act, 1948 The Child Marriage Restraint Act, 1929
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 Under family law subjects like marriage,

divorce, restitution, dissolution of marriage, adoption, maintenance, guardianship, parental control of children, succession and inheritance are some of the important institutions to be studied with the help of customs, precepts, precedents and legislations.
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 Article 44 of the Indian Constitution provides that

the State shall endeavour to secure for its citizens a uniform civil code throughout the territory of India. Article 372 of the Indian constitution provides that All laws in force in the territory of India immediately before the date of commencement of the constitution (26th January, 1950) shall continue to be in force until they are altered or repealed or amended by a competent legislative or other competent authority.
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 The subjects of family like marriage, divorce,

succession etc. are matters falling under Concurrent List of the VII Schedule of the Indian Constitution Therefore the customary law or preconstitutional family laws hold good even after the formation of the Republic of India, as long as they are not repealed or amended.
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Uncodified Hindu Joint Family

Codified Hindu Marriage Act, 1955 Hindu Minority & Guardianship Act, 1956 Hindu Adoptions & Maintenance Act, 1956 Hindu Succession Act, 1956

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Un-codified
Shariat law

Codified
Shariat(Application) Act,

1937 Dissolution of Muslim Marriage Act, 1939 Wakf Act, 1954(as amended in 1995) Muslim Women (Protection of Rights on Divorce) Act, 1986
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Codified Christian Marriage Act, 1872 Indian Divorce Act, 1869(as amended in 2002) Indian Succession Act, 1925

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Codified Parsi Marriage and Divorce Act, 1936 Indian Succession Act, 1925

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 Uncodified Law

Customary law

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 Customary Law

Special Marriage Act, 1954

Foreign Marriage Act, 1969 Family Courts Act, 1984 Dowry Prohibition Act, 1961 The Protection of Women From Domestic

Violence Act, 2005

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 Shastric Law to Statutory Law

Polygamy to Monogamy(in all schools

of Mitakshara Hindu Law) Application of Shariat to all sections of Muslims in India

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By Introduction of Fault Theory Breakdown Theory Consent Theory Under the Marriage Laws Amendment Act, 1976
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 Adoption serves both spiritual & secular purpose

Daughter can be adopted

Hindu Female can also adopt

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To continue with the

Trends and changes in the laws and jurisdiction governing family.

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Queries if any may be posted to lpvinjamuri@gmail.com

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