DME LAW SCHOOL
Paper Code: LLB 201
SUBJECT: Family Law-I
SEMESTER: 3RD
CREDITS: 5
VRL No. 1 & Tutorial Lecture No. 1
Objective: This lecture focuses upon enhancing the understanding of the student
on the topics of evolution and concept of the institution of marriage. The topic
shall familiarize the students with the evolution and concept of marriage as it stood
in the ancient times and a comparison with the current prevailing times.
Outcome: The students will be familiarized with important concept of evolution
and concept of the institution of marriage under hindu law. This will enhance the
understanding of students on sources of hindu law, who is a hindu, applicability of
hindu law, concept of marriage under hindu law and the legal provisions related to
it.
Methodology: For the purpose of studying evolution and concept of the institution
of marriage Doctrinal Methodology will be followed. This includes referring to
primary sources like Bare Act and Judgments delivered various High Courts and
the Supreme Court of India. While secondary sources would include text books,
commentaries and articles by different eminent scholars.
Tutorials: Video Lectures as uploaded over Collpoll. Student is required to watch
the video lecture for topic 1.1 thoroughly and grasp the concepts enumerated in the
same, before attending the tutorial.
Topic 1.1: Evolution and Concept of the Institution of Marriage
a) Evolution of Institution of Marriage and Family
Human society was a nomadic society. Before civilization, there was possibly a herd-
instinct type of marital relationship. But with the time, the nomadic human society
starts evolving into an agricultural society. Now, it was important to know
the paternity of the children. So the sex relationship remained unregulated. Only the
maternity was possible to know but the paternity left unregulated. The main aim of this
lecture is to provide knowledge about the evolution of the institution of marriage and
family. Thus the concept of marriage–a sort of man-woman relationship as a
responsible one-to-one unit of society-evolved a unique human family system. Its
essential components were intercourse, procreation of children and living together
with mutual obligations and responsibilities to the care of offspring. The traditional
Hindu family was an institution, a joint family system, characterized by
homogeneous togetherness of parents, grandparents, sons and daughters, their
spouses, even uncles and aunts. There was a distinct family identity with each
member knowing his or her roots. The institution of marriage gives respectability
to women, enhances their personal happiness & welfare, provides family support &
companionship.
b) Legal provision related to marriage: In law, marriage may mean either the
acts, agreements, or ceremony by which two persons enter into wedlock, or their
subsequent relation created thereby. In India, marriages are governed by Personal
laws or Family laws. There exists different laws for each religion. Hindu Marriages
are governed according to the Hindu Marriage Act, 1955 and other laws.
According to Hindu Law, marriage is a sacrament or a holy union. Hindu Marriage
is not only a sacrament but also a contract. According to Vedas, a marriage is, the
union of flesh with flesh and bone with bone. Before the enactment of Hindu
Marriage Act, 1955, Hindu marriages were governed by dharmasastra and
customs.
Who is a Hindu: The term ‘Hindus’ denotes all those persons who profess Hindu
religion either by birth, from Hindu parents or by conversion to Hindu religion. A
person may also become Hindu if after expressing an intention, expressly or
impliedly, he lives as a Hindu and the community or caste into the fold of which he
is accompanied in, accepts him as a member of that community or caste. A
bonafide declaration by one that he is a follower of Hindu faith amounts to his
acceptance of Hindu faith and becomes a Hindu by conversion .
Essential Reading:
1. Section 2 & 5 to 8 of Hindu Marriage Act, 1955
2. Paras Diwan, Modern Hindu Law, Allahabad Law Agency, 1993
3. Mulla, Principles of Hindu Law, Lexis Nexis, 2007
Further Readings Case Laws
S No. Case title Citation
1 Shobha Rani v. Madhukar Reddi, AIR 1988 SC 121
2 Vijayakumari v. K. Devabalan, AIR 2003 Ker 363
3 R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110
E-Pack: (Scanned copy/ PDF/link of essential readings/e-articles)
1. Section 2 & 5-8 of Hindu Marriage Act, 1955
[Link]
Title=Hindu%20Marriage%20Act,%201955
2. Ajin Raj S R Essential Conditions Of Valid Marriage Under Hindu Law
[Link]
hindu-law/#:~:text=1.,%2C%20community%2C%20group%20or%20family.
3. Mayuri Ghosh, The Evolution of Hindu Marriage Trends through Indian History
available at [Link]
trends-indian-history/
PSDA: Presentation (15min)
Topic 1: Nature, Scope and Application of Section 2 of of Hindu Marriage Act,
1955 (7 min)
Student name- As per list to be provided
En. No.:
Topic 2: “Essentials of Hindu Marriage and its ceremonies” Sec 5& 7 (8 min)
15 Min
Discussion Questions/Short Ans Type: (5min)
[Link] is ‘Hindu’ as per the Hindu Marriage Act,1955.
[Link] define the ancient sources of Hindu Law.
Essay Type Questions / Previous Year Questions (7 min)
[Link] the essential elements of Hindu marriage under section 5 of Hindu
Marriage Act,1955.
Quiz
Can a marriage between a Hindu man who converted as Christian and a Christian
lady in a Hindu form is valid marriage. According to section 5 of the Act marriage
can be solemnised between two Hindus?
Summing up of Session-10 min