About The Book

Part A

Chapter 1: Sum and Substance of Hindu Law

 Introduction

 Who is a Hindu ?

 Rudiments of Hinduism

 Hindu Law and its schooling forming pre-eminent and foremost legal system worldwide

 Conceptualization of Hindu Law: A notional understanding

 Distinguishing Hindu Law as compared to the Austin’s doctrine of king made law

 Hinduism as the way of life

 Philosophy of Karma

 Hierarchy of Chain of Command within Hindu Religious Traditions

 What is Varna Dharma ?

 What is Ashrama Dharma ?

 The Four Ashramas (Stages of Life)

 Hindu Religious Philosophy as understood in today’s time

Chapter 2: Sources and Schools of Hindu Law

 Sources of Hindu Law

 Traditional Sources

 Modern Sources

 Schools of Hindu Law

 The Mitakshara School

 The Dayabhaga School

Chapter 3: Law Relating to Hindu Marriage

 The codifying disposition of Hindu Marriage Act

 Delving Deeper into the Extra-Territorial Reach of the Hindu Marriage Act, 1955

 Understanding Intra-territorial application of Hindu Marriage Act on all Hindus

 Revolutionary Modification with the advent of HMA

 Scope of the governance of HMA Act and its extension to individuals

 Deconstructing Section 2: Identifying the Key Ingredients

 Relevant Case Law: Shaping the Interpretation of Section 2

 Hindu by Religion

 Born to Hindu Parents and person brought up as Hindu

 Hindu Theory of Marriage and its Perception

 A perplexing question: whether Hindu Marriage is a consecrated or a contractual in its nature?

 Ancient Approved and Unapproved Forms of Marriage in Hindu Law

 Indispensable ritual observances in a Hindu Marriage

 Qualifications for the legitimacy of a Hindu Marriage

 Detailed Analysis of the Ingredients of the Section 5 HMA

 Performance of ceremonies as prescribed by the act

 Mandatory Registration of Marriage

Chapter 4 : Restitution of Conjugal Rights

 Introduction

 Ingredients of Section 9 of the Hindu Marriage Act, 1955 (HMA)

 Elucidation of the term restitution

 Constitutionality

 Subsistence of a lawful wedding

 Withdrawal from the society of other spouse

 Without any reasonable excuse

 Rational Justification and the ground to withdraw from society

 Deliberations pertaining to employment of spouse

 Restitution versus right to reproduction

Chapter 5: Judicial Separation

 Introduction

 Grounds for Judicial Separation

 Additional Safeguards for the Wife: Section 13(2) in Conjunction with Section 10(1)

 Absence of Collusion, Connivance, and Condonation in the Petitioner’s Conduct

 Remedy of judicial separation can be for a subsisting marriage

 Neither divorce nor consequence of marriage termination

 Effect on sexual relation of the parties pending judicial separation

 Whether mutual consent can become a ground to approve judicial separation?

 Second marriage by either party during the subsistence of judicial separation is unacceptable and invalid

 Passing of decree of judicial separation is dependent on facts of each case

Chapter 6: Void and Voidable Marriage

 Void Marriage

 Voidable Marriage

 Difference between void and voidable marriages

Chapter 7: Law relating to Divorce in Hindu Law

 Introduction

 Theories of Divorce

 Grounds of Divorce

 Section 13(1A)(i): No Resumption of Cohabitation After a Decree for Judicial Separation

 Section 13(1A)(ii): No Restitution of Conjugal Rights After a Decree for Restitution

 Additional grounds of divorce available to wife [Section 13(2)]

 Alternate Relief in Divorce Proceedings [Section 13A]

 Divorce by Mutual Consent [Section 13B]

 Irretrievable break down of marriage

 Section 14: No petition for divorce to be presented within one year of marriage

 When divorced persons may marry again[Section 15]

Chapter 8: Legitimacy of Children of Void and Voidable Marriage

 Introduction

 Legitimacy of Children born out of Hindu Marriage

 Legitimacy of Children Born of Void Marriages [Section 16(1)]

 Legitimacy of Children Born of Voidable Marriages [Section 16(2)]

 Limitation on Rights [Section 16(3)]

 Object of categorization of children on the basis of legitimacy

 Understanding Legitimacy in common parlance

 Who is illegitimate?

 Entitlements of children born out of unlawful marital union

Chapter 9: Law relating to Maintenance in Hindu Law

 Introduction

 What can be termed as maintenance?

 Maintenance Pendente Lite and Expenses of Proceedings under Section 24 of the Hindu Marriage Act, 1955

 Permanent Alimony and Maintenance under Section 25 of the Hindu Marriage Act, 1955

 Maintenance of Wife under Section 18 of the Hindu Adoptions and Maintenance Act, 1956

 Quantum of Maintenance under Section 23 of HAMA: Determining the Fair Amount

 Debts to have priority [Section 26 HAMA]

 Maintenance when to be a charge

 Effect of transfer of property on right to maintenance

 Maintenance under Section 125 of the Code of Criminal Procedure, 1973

Chapter 10: Law relating to adoption in Hindu Law

 Introduction

 Act not to have extra-territorial approach

 Those governed by the act

 Overriding effect of act

 Conformity to provisions of act

 Requisites of a valid adoption

 Capacity of a male Hindu to take in adoption

 Capacity of a female Hindu to take in adoption

 Persons capable of giving in adoption

 Persons who may be adopted

 Other conditions for a valid adoption

 Relationship Created by Adoption (Section 12)

 Right of adoptive parents to dispose of their properties

 Determination of the valid adoption

 Valid adoption not to be set aside

 Presumption as to valid adoption

 Prohibition of payments in consideration of adoption

Chapter 11: Law Relating to Minority, Guardianship and Custody in Hindu Law

 Introduction

 Act to be supplemental to Guardianship and Wards Act, 1890

 Age of majority

 Connotation of Guardian

 Natural guardians of a Hindu minor

 Natural guardianship of adopted son

 Testamentary Guardians and their Powers

 Section 10, Hindu Minority and Guardianship Act, 1956: Incapacity of minor to act as guardian of property

 The Powers of natural guardian

 Testamentary guardian and his powers

 Welfare of minor to be paramount consideration

Part B

Chapter 1: Sum and Substance of Muslim Law

 Introduction

 Shariat: The Divinely Ordained Path in Islam

 Unveiling Fiqh: The Dynamic Intellectual Engine of Islamic Law

 The Role of Ijtihad and the Emergence of Madhahib

 The Muslim Personal Law (Shariat) Application Act, 1937: A Cornerstone of Muslim Personal Law in India

 The Unshakeable Foundation: Primary Sources of Muslim Law

 The Intellectual Tools: Secondary Sources of Muslim Law

 The Tapestry of Interpretation: Schools of Thought (Madhahib)

 The Branches of the Tree: An Expansive Exploration of Sunni and Shia Schools of Muslim Law

 The Sunni Schools of Law: Four Pillars of Interpretation

 The Shia Schools of Law: The Authority of the Imams and Reason

Chapter 2: Law relating to Muslim Marriage

 Introduction

 The Profound Significance of Nikah: A Comprehensive Definition in Islamic Law

 Purpose of Nikah

 Requirements of a valid/lawful nikah

 Presumption of Marriage Under Muslim Law

 The Conundrum of Nikah: Unravelling the Contractual and Sacramental Threads in Muslim Marriage

 The Legal Crucible of Consent: Capacity to Contract Nikah Under Muslim Law in India

I. The Twin Pillars of Capacity: Puberty and Soundness of Mind

II. The Indispensable Element: Free Consent (Raza)

III. The Boundaries of Permissibility: Absence of Legal Impediments (Mawani’ al-Nikah)

IV. The Role of Guardians (Wali) in Minor Marriages

V. Balancing Personal Law and Statutory Safeguards

 The Immutable Boundaries: An In-Depth Analysis of Absolute (Mandatory) Prohibitions to Marriage (Nikah) Under Muslim Law

 Relative/Directory Prohibitions to Marriage (Nikah) Under Muslim Law (Sunni and Shia Perspectives)

 The Concept of Iddat Under Muslim Law: A Comprehensive Analysis

 Classification of Marriages Under Muslim Law: A Sunni and Shia Perspective

 Discerning the Nuances: Muta and Nikah

 Synthesizing the Divergences: Marital Laws in Sunni and Shia Jurisprudence

 The Concept of Dower (Mahr) in Muslim Law

Chapter 3: Restitution of Conjugal Rights in Muslim Law

 Restitution of Conjugal Rights in Muslim Law: Re-establishing Marital Harmony

 Withdrawal from Conjugal Society

 Absence of Reasonable Excuse

 Denial of remedy where reasonable cause has been established

Chapter 4: Law relating to Muslim divorce

 Introduction

I. Dissolution Initiated by the Husband: The Right of Talaq

II. Dissolution Initiated by the Wife

III. Dissolution by Mutual Agreement without Compensation

 Talaq Under Muslim Law: A Comprehensive Analysis with Sunni and Shia Perspectives

 Key Differences in Sunni and Shia Perspectives on Talaq

 Contingent Talaq

 Delegated Talaq (Talaq-i-Tafweez)

 Distinction between Contingent and Delegated Talaq

 Khula and Mubara’at: Divorce by Mutual Consent in Muslim Law

I. Khula: Divorce at the Wife’s Instance with Compensation

II. Mubara’at: Divorce by Mutual Consent without Compulsory Compensation

III. Key Differences Between Khula and Mubara’at

 The Dissolution of Muslim Marriages Act, 1939: Empowering Muslim Women Through Judicial Recourse

 Irretrievable Breakdown as a ground for divorce in Muslim Law

 Remarriage After Divorce in Muslim Law: A Comprehensive Overview with Emphasis on the Doctrine of Halala

Chapter 5: Law relating to Maintenance in Muslim Law

 Introduction

 Maintenance of a wife under Muslim law

 Marriage must be lawful in order to entitle for maintenance

 Maintenance of a wife includes Divorced Wife

 Maintenance of children under Muslim law

 Obligation to provide maintenance towards Parents and Grandparents

Chapter 6: Law relating to Paternity and Guardianship in Muslim Law

 Introduction

 Concept of Acknowledgement of Paternity, or Iqrar-e-Nasab

 Conditions for a Valid Acknowledgement (Shurut-e-Sahih-e-Iqrar)

 Effects of a Valid Acknowledgement

 Distinction from Mere Admission of Biological Fatherhood

 Inter-relation of section 112 of the Indian Evidence Act and its effect on acknowledgement of paternity

 Points of Divergence: Adoption and Acknowledgement

 Guardianship in Muslim Law: Protecting the Welfare of Minors and Incapacitated Individuals

 Guardianship of Person (Wilayah al-Nafs):

 Guardianship of Property (Wilayah al-Mal):

Chapter 7: Law relating to wakfs and endowments

 The Law Relating to Wakfs and Endowments in Muslim Law

 Essential Elements of a Valid Waqf

 Types of Waqf

 The Wakf Act, 1995

 The Waqf Act, 1995: A Section-wise Analysis and its Ingredients with Relevance to Recent Amendments

 Endowments in Muslim Law

 Significance of Waqf