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1 Introd of Family Law

This document provides an introduction to family law and personal laws in India. It discusses the meaning and types of families, the functions and characteristics of family systems, the different types of families, and the origins of personal laws for various religious communities in India such as Hindu law, Muslim law, Christian law, Parsi law, and Jewish law. It also provides a brief overview of the history of codification of Hindu law through committees in the 1940s.

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Saurabh Raj
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65 views9 pages

1 Introd of Family Law

This document provides an introduction to family law and personal laws in India. It discusses the meaning and types of families, the functions and characteristics of family systems, the different types of families, and the origins of personal laws for various religious communities in India such as Hindu law, Muslim law, Christian law, Parsi law, and Jewish law. It also provides a brief overview of the history of codification of Hindu law through committees in the 1940s.

Uploaded by

Saurabh Raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Introduction to family law

# Family: meaning & kinds


# Family system function
#Indian societal structure
# Why family law/personal laws
# History of codification of various legislation related to Hindus
Personal Law is a branch of civil law which
regulates the ‘personal matters’ of an individual.
Marriage, divorce, adoption, maintenance,
guardianship, inheritance etc. are called personal
matter of individuals because they relate to those
affairs which normally affect only their own
personality/personal life.

Personal laws are not of general application.

Personal laws are applicable only to family matters.


Within certain limits.
Structure of Indian Societies
HINDU-The majority community

Muslims-The biggest minority community

Christians-Smaller minority community

Parsis-Smaller minority community

Jews-Smaller minority community


Family
•Webster (1979) defines a system as a "regularly interacting
or interdependent group of items forming a unified whole." 
•American Association of Family and Consumer Sciences “ A
family is defined as two or more persons who share
resources, share responsibility for decisions, share values and
goals, and have commitment to one another over time”
•Family members of families are interrelated and
interdependent parts of a whole.
•New York housing code: One or more persons related by
blood, adoption, or marriage, living and cooking together as a
single housekeeping unit, exclusive of household servant
Characteristics of the family system

•Family boundaries (External and Internal);


•Family role organization
•Family rules; (silent contracts)
•Power distribution
•A family works out its role organization, its rules of
operation, all of its activities, through a process of
communication
•Families are Multi-Generational Systems
Different functions of Families
1. Food /Shelter/Clothing
2. Sense of identity and a feeling of belonging
3. Language for communicating with others
4. Cultural heritage
5. Economic support
6. Care and affection among members
7. Spiritual belief or a world view
8. Rules for appropriate behavior
9. Survival skills
10.Values and traditions
Types of Families

•NUCLEAR FAMILIES ( Married man, Women & their children)


•STEP FAMILIES or blended family : Either one or both parents
may have children from a previous relationship
•COMPOSITE FAMILIES
•JOINT FAMILY- A type of extended family composed of
parents, their children, and the children's spouses and
offspring in one household
•Stem FAMILIES
•NUCLEAR DYAD FAMILY: Family with no children
•SINGLE-PARENT FAMILIES
Currently the fastest growing family form in America-and European
Countries Currently 88 percent of these families are headed by women.
Origin of personal laws in India
-Hindu and Muslims: Laws are of divine origin
- The Modern Hindu Law & Modern Muslim
Law:
-The Christian: Based on 19th century English
Law
- Parsi: Almost at par with Hindu Law
- The Jews Law is still based on customs
Hindu Law
Considered as divine origin

1941 B N Rau committee

Hindu Code bill 1944


• Published in 12 languages
• Consisted 8 parts
•1948 Sent to committee headed by Dr B R
Ambedkar to review

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