ONE-YEAR POST GRADUATE DIPLOMA IN FAMILY DISPUTE RESOLUTION
1.1 Family, Marriage and Matrimonial Remedies
The Evolution of Family: Origin and evolution - sociological perspectives - forms - joint units - nuclear units - Hindu joint family - its composition
Institution of Marriage: Origin and evolution - forms of marriage - sacrosanctity - contractual obligations - doctrines - religious forms - Hinduism, Islamic, Christianity - conditions - registration - status of live-in-relationships - NRI marriages - Civil Marriage under Special Marriage Act, 1954
Matrimonial Remedies: Restitution of conjugal rights. Judicial separation, Nullity of Marriage, Divorce and Ancillary remedies.
Dissolution of Marriage: Fault Theory, Break Down Theory, Consent Theory - Concept of irretrievable breakdown of marriage - Grounds of Divorce under Hindu Marriage Act, 1955, Special Marriage Act, 1954, and The Divorce Act, 1869, as amended by the Indian Divorce Act, 2001.
Talaq: different modes - talaq by tafweez - ila - zihar - khula - mubaraat - dissolution - Muslim Marriage Act, 1939 - iddat
Bar to relief in Matrimonial disputes: Customary divorce - Taking advantage of one’s own wrong, Accessory, Connivance, Collusion, Condonation and undue delay in presenting petition - Post Divorce Adjustments-Custody of children, settlement of matrimonial property and other resources.
1.2 Law Governing Unfair Practices and Property Relations
Part A: Unfair Practices
Consideration for Marriage: Dowry an evil practice – Agreement for giving and taking Dowry – Dowry Prohibition Act, 1961. Use and misuse of Dower under Islamic Law. Relevant changes in IPC and Law of Evidence.
Offences against Marriage: Bigamy, Matrimonial Rape, Dowry Death, Matrimonial Cruelty (Ss. 494, 498A of IPC) – Recent Developments.
Family Violence: Violence between spouses – Woman as a victim of domestic violence – Physical, Psychological and sexual harassment – The Protection of Women from Domestic Violence Act, 2005.
Cruelty, Battery, forced prostitution, kidnapping of own child, forced abortion, unwanted pregnancy, female infanticide, sex determination tests.
Part B: Property Relations
Hindu Joint Family: Mitakshara - Dayabhaga - coparcenary - ancestral property - self-acquired property - The Hindu Gains of Learning Act, 1930 - partition - alienation of joint family property - powers of coparcener - manager’s authority - legal necessity - remedies against alienator - Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Intestate Succession: Succession to Property of Hindu male dying intestate under the provision of Hindu Succession Act, 1956; Devolution of Interest in Mitakshara Coparcency with reference to the provisions of Hindu Succession Act, 1956; Woman’s Estate – Stridhana - Succession to Property of Hindu female under the Act of 1956 – Hindu Succession (A.P. Amendment) Act, 1986; Hindu Succession (Amendment) Act, 2005.
Succession under Muslim Law: Concept of succession under Islam - sharers - residuary and distant kindred - disqualification of heirs - objects of Islamic scheme of inheritance
Succession among Christians: Indian Succession Act, 1925 - right to maintenance under - Code of Criminal Procedure - religious personal laws
1.3 Family Disputes And Alternative Dispute Resolution Mechanism
Introduction to Family Disputes
Dispute - definition/meaning - different kinds of disputes - family disputes and causative facts- break down of marriage - testamentary and intestate property issues - child care and custody - judicial separation and divorce - maintenance - post-divorce issues, etc.
Judicial Process and Family Disputes - resolution of disputes through judicial process - procedure for conduct of civil proceedings - organizations of family courts - judicial process in matrimonial proceedings - ADR methods - arbitration - conciliation - mediation - negotiation - judicial settlement
Family Disputes and ADR Methods –ADR methods under legal rules - Family Courts Act, Hindu Marriage Act, Protection of Women from Domestic Violence Act, 2005, Civil Procedure Code, Legal Services Authority, Lok Adalats - court annexed mediation
Simulation Exercises - class room exercises - expected participation of the target group (FDR trainees) in conduct of civil proceedings before the Family Courts on issues like Dissolution of Marriage, Adoption, Child Custody, Maintenance etc
Conciliation and Mediation - conduct of conciliation and mediation on the referred issues by the Family Court or ADR Institutions - report writing and other relevant exercises
1.4 Principles of Family Psychology - (Along with Simulation Exercises)
Module I - Family
What is family - family functions - role played by different members - family diversity - cultural/socio-economic/ethnic variations - emerging trends - marital relations in family - importance of gender roles - work and family - parent-child relationship - parenting - parenting styles - parental divorce - single parenthood - remarriage - human sexuality - perspectives biological/psychological/socio-cultural - sexual disorders
Module II - Introduction to Psychology
What is psychology - scope - application (with special reference to family dynamics) - child development - growth and development - developmental milestones - normal and delayed development - theories - Sigmund Freud/Erik Erikson/Jean Piaget
Module III - Family Dynamics
Group dynamics and interpersonal relations - aggression and violence in family - conflict and stress - definition - causes - types - management - mental health of family - rehabilitation into a family - of special children - of addicts - of individuals with chronic health problems
Module IV – Counselling
What is counselling - aims of counselling - characteristics of a good counsellor - importance of counselling in family dispute resolution - counselling skills - attending - listening - empathy - advance accurate empathy - domains of counselling - premarital counselling - marital counselling - family counselling
approaches to counselling - supportive psychotherapy - cognitive behaviour therapy - behaviour modification - crisis counselling - problem solving - decision making - force field analysis - CRAVE analysis - ethical issues
Module V: Simulation Exercises with Practical Training
Interpersonal relationships of family members - counselling and management skills - conflict management - initiate the counseling process - approaching - number of sittings - closure and review counselling report.
- Poonam Pradhan Saxena, Family Law Lecture, Lexis Nexis
- Paras Diwan, Law of Marriages and Divorce, Universal
- Mulla, Hindu Law, Lexis Nexis
- Mulla, Principles of Mahomedan Law, Lexis Nexis
- Kande Prasada Rao, Law Applicable to Christians in India, Universal Law Publishing Co.
- Justice JD Kapoor, Laws and Flaws in Marriages, Konark Publishers
- Joel A Nicholas (ed.), Marriages and Divorce in a Multicultural Context, Cambridge
- William Wesley Paton, Legal Ethics in Child Custody and Dependency Proceedings, Cambridge
- Henery Brown and Arthur Marriot, ADR Principles and Practice, Sweet and Maxwell
- Madabhushi Sridhar, Alternative Dispute Resolution Negotiation and Mediation, Lexis Nexis and Butterworths (2006)
- Peter T Coleman, Morton Deustsch and Eric C Marcus, The Handbook of Conflict Resolution: Theory and Practice, Jossey Bass
- Roberts Simon and Michael Palmer, Dispute Processes: ADR and the Primary forms of Decision Making, Cambridge University Press
- Roy Lwicki, Bruce Barry and David Saunders, Essentials of Negotiation, MacGraw-Hill Education,
- Sriram Panchu, Mediation Practice and Law, Lexis Nexis and Butterworths (2015)
- Indu Dave, Basic Essentials of Counselling, Sterling Publishing Co.
- Robert A. Byrney and Down Byrney, Social Psychology – Understanding of Human Interaction, Prentice Hall
- Gerard Egan, The Skilled Helper – A Model for System Helping Hand in Personal Relations, Brooks Gold Publishing