Objectives:
The course is designed to endow the students with knowledge of both the codified and uncodified portions of Hindu law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc.
Course contents:
UNIT - I
The Concept of Dharma – Sources of Hindu Law – Ancient and Modern – Importance of Dharma – Shastra on Legislation – Mitakshara and Dayabaga Schools of Hindu Law – Application of Hindu Law.
UNIT -II
Marriage and Kinship – Evolution of the Institution of Marriage and Family
Law Prior to Hindu Marriage Act
A detailed study of Hindu Marriage Act, 1955 – Matrimonial Remedies – – Maintenance and Alimony
Customary Practices and legislative provisions relating to dowry prohibition.
UNIT -III
Hindu undivided family – Mitakshara Joint Family – Formation and Incidents – Property under both Schools
Kartha: His Position, Powers, Privileges and Obligations – Debts – Doctrine of Pious Obligation – Partition and Reunion -Religious and Charitable Endowment.
UNIT -IV
Inheritance and Succession – Historical perspective of traditional Hindu Law relating to Inheritance – Hindu Succession Act, 1956.
Stridhana- Woman’s Property – Amendments to Hindu Succession Act; Gifts and Testamentary Succession – Wills.
UNIT - V
Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties & Powers of Guardians;
A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance:
Traditional Rights and Rights under Hindu Adoption & Maintenance Act 1956
Prescribed Books:
Diwan, Paras, Modern Hindu Law, (Faridabad: Allahabad Law Agency, 1993)
Reference Books:
John D. Mayne, A Treatise on Hindu Law and Usage, 9th Edition, (Madras: Higginbotham, 1922)
Mulla, Principles of Hindu Law, (New Delhi: Lexis Nexis Butterworths, 2007)
Diwan, Paras, Law of Adoption, Ministry, Guardianship and Custody (Universal: 2000)
J. D. M. Derrett – Hindu Law – Past and Present, (Calcutta: A Mukherjee & Co.. 1957)
N. Raghavachar Hindu law