MARCH 2018

CNLU, PATNA

NYAYA NAGAR, MITHAPUR, PATNA

SUBMITTED BY :- SUBMITTED TO :-

SANJEEV KUMAR SUBMITTED TO PARTIAL

ROLL NO.- 1558 FULFILMENT OF COURSE

BA.LLB SOCIOLOGY II FOR THE

2th SEMESTER COURSE BA.LLB. Hons.

TO THE “Dr. SANGEET KUMAR”

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A. INTRODUCTION

Law of India refers to the system of law in modern India. India maintains
a hybrid legal system with a mixture of civil, common law and customary
or religious law within the legal framework inherited from the colonial
era and various legislation first introduced by the British are still in effect
in modified forms today. Since the drafting of the Indian Constitution,
Indian laws also adhere to the United Nations guidelines on human rights
law and the environmental law. Certain international trade laws, such as
those on intellectual property, are also enforced in India.

Hindu marriage is a Sanskar or a sacred ritual performed. Marriage a

bond which unites two people together. Institution of Hindu marriage has
been very strong from very beginning and there is no reference of
promiscus society in Veda. Marriage has been considered as an
indissoluble union between a man and women not only during this life
but also for all lives to come. Marriage of a Hindu couple is not only a
union of a man and women but is considered as a sacrament. Marriage
has been placed one of the sixteen sanskara of a Hindu. Sanskara is a
socio religious rites by performance of which life of present Hindu is
sanctified.

Indian personal law is fairly complex, with each religion adhering to its
own specific laws. In most states, registering of marriages and divorces is
not compulsory. Separate laws govern Sikhs, Hindus, Muslims,
Christians, and followers of other religions. The exception to this rule is
in the state of Goa, where a uniform civil code is in place, in which all
religions have a common law regarding marriages, divorces, and
adoption. In the first major reformist judgment for the last decade, the
Supreme Court of India banned the Islamic practice of "Triple Talaq"
(divorce by uttering of the "Talaq" word thrice by the husband). The
landmark Supreme Court of India judgment was welcomed by women
activists across India.

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B. OBJECTIVE OF THE STUDY
 To make descriptive and analytical study about Family laws
 Understand the applicability of Family law
 To provide adequate information about Family law

C. HYPOTHESIS
 Researcher assume that Hindu law has many new provision
 Researcher assume tha Muslim law aslo have new provisions

D. RESEARCH METHODOLOGY
 Doctrinal method :- Books, internet, journals, judgements etc.
 Researcher is mainly rely on library based study.

E. SOURCES OF DATA COLLECTION:-

 Primary sources- judgements of apex court, provisions of Family law.
 Secondary sources- news paper, books, journals etc.

F. LIMITATION OF THE STUDY

 Lack of time
 Territorial limitation
 Finance

G. SCOPE OF THE STUDY

 For further research this can be a means of doctrinal research.

H. TENTATIVE CHAPTERISATION
1. INTRODUCTION
2. CONCEPT OF FAMILY
3. APPLICABILITY OF FAMILY LAW
4. MARRIGE LAW
5. DIVORCE LAW
6. MAINTENANCE
7. NON-MARITAL RELATIONSHIP AND RESPRODUCTIVE
LAW
8. MUSILM LAW
9. AMENDMENTS
10.CASE LAWS