The Court held that It to be desertion by the wife.”. Such children does not obtain any right in the property of persons other than his own parents i.e such children shall not inherit property from any other relative other than the parents. Shruti is the synonym used for ‘Veda’ and it means what was heard from God. On what grounds can a Hindu wife claim maintenance from her husband even while living separate form him. The name of this school came from the Digest Mitakshara of Vigyaneshwa. Section 18 of HA&M Act, 1956 accept this system and provides that a Hindu wife whether married before or after the enforcement of this act shall be entitled for maintenance from her husband during her lifetime. Impotency means the incompetency of any party to cohabit due to any physical or mental situation. These are the customs that are followed by a family for a long time. Hindu Marriage (Amendment) Act 1976 added another section 13A to Hindu Marriage Act 1955 to provide mutual consent as a ground for divorce. Section 16 of the act mentions the method of distribution of property among the heirs of Hindu female dying intestate. The Hindu law is credited to be the most ancient law system (approximately 6000 years old). Digests were mainly written after that and incorporated and explained material from all the Smritis. desertion shall not be by consent as stated by the Court in the case of Gurbachan Kaur V/s Pritam Singh- 1998. Law Notes is created for the sole purpose of helping the student community. He has to maintain the control between rights and duties. Commentaries and Digests:- Commentaries are the third important sources of Hindu Law. He has to move along-with all the members. Husband was working somewhere else. Rig Veda, Yajur Ved, Sama Ved and Atharva Ved. Vinod Biswal v/s Tikli Urf Padmini Biswal, 2002 it has been held that husband along with his parents use to regularly beat the wife. The guardian of illegitimate boy or illegitimate unmarried girl shall be firstly the mother and later the father. In the old Hindu Law as per Mitakshara the bride should not fall within seven degrees from father’s side and five degrees from the mother’s side. ( Log Out /  These are as under :-. Shruti means what is heard by the Sages (Rishis). Desertion is required to be without reasonable cause. CHILD FROM HINDU FATHER & CHRISTAIN MOTHER, A question also arosed that whether such person shall be considered to be Hindu whose father is Hindu and mother is Christain? Once a person enters into marriage it cannot then be easily dissolved. Modern judicial systems greatly rely on being impartial. In a case of Vipin Chandra V/s Prabhawati – 1957: is a good example in this context. The sources of Hindu Law can be kept under two headings:-, 1. Here it is important that desertion requires guilty by one of the parties i.e. The provisions have been made in section 13(1)(ii) for cruelty and section 13(1)(iii) provides desertion. Excluding the property received in succession from parents and husband or father-in-law all other properties shall devolve according to the mentioned heirs of section 15(1). The Hindu law is one of the most ancient and primitive laws that are still prevalent in today’s era and also known to the world at large. These sources can be divided into Four categories-. Hindu Marriage is not only a sacrament but also a contract. Refer a case in this regard Devi Kishan v/s Ram Kishan -2002 It was held by the Rajasthan High Court that the karta can Mortgage the property of joint family for legal necessities, but the following may not be legal necessaities :-. According to it, marriage shall be solemnised according to customary tradition and rituals. Section 2(2) of Hindu Marriage Act 1955 and the case of  Dashrath v/s Guru -1972 Orrisa and Kadam v/s Jeetan -1973 of Patna given the answer of this question. UNSOUNDNESS :-  A case of Ratneshwari v/s Bhagwati- 1950: It was said that unsoundness insanity or lunacy for the purpose of marriage means: The incompetency of any party to marriage to understand the rituals of marriage. Hindu law is the most ancient law in the world. Murderer  :-  Section 25 of the Hindu Succession Act provides that A person who commits murder or abets the commission of murder shall be disqualified form inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder. In a case Sapna v/s State of Kerala : 1993: It was held that if a child is brought up as a member of Christain famiy then in that situation the child shall be christain instead of being Hindu. Q. the person must be of sound mind and he must not a minor. It was held in the case of Rampyari v/s Dharamdas 1984: “that if any one performs second marriage when there is already living husband or wife, then such marriage shall be void.”, If the conditions of valid marriage are violated then it shall have the following effects :-. A case Digvijay v/s Partap Kumai -1970 and Bibi v/s Nath 1970: It was held that nullity of marriage requires the existence of impotency at the time of first cohabitation. In other words, it can be said that desertion means not abandoning the place, rather is ignoring the cohabitation. But all the laws are not mentioned in every smriti. Refer a case of Lakshman Singh Kothari v/s Smt. It is also considered important in Bengal and Orissa, it relents only when it differs from Dayabhag. In Rutchepatty v/s. The most important of them are 1) Mitakshara written by Vijnaneswara(1100 A.D.) (2) Dayabhaga written by Jimutavahana (1300 A.D.). Now the term Hindu can be widely defined the person to whom Hindu Law applies shall be Hindu. At the first the property will be distributed in three equal shares, i.e. With Smriti’s, a systematic study and teaching of Vedas started. But this identity of Hindu also did not remained for too long, because it was not required for Hindu o believe in Hindu religion. It is a mixture of both. The smritis can be divided into-. Shruti means ” what is heard”. The natural guardian of minor wife is her husband. Where saptpadi is necessary it required to be performed compulsoryily. In Kenchova v/s Gilimallappa, 1924 the Privy Council held, even apart from Hindu Law, principles of justice, equity and good conscience exclude a murdered from succeeding to the murdered person and that it must be regarded as a paramount rule of public policy. It provides great work for our customers seamlessly and in coordination with a focus on quality and ethics. On what special grounds a Hindu Wife can claim a decree of divorce against her husband under the provision of the Hindu Marriage Act, 1955. It was held that where customs or traditions allow there a person above 15 years of age or married can be adopted. She used to charge husband with adultery and making constant demand of dowry. Rakesh Sharma v/s Surbhi Sharma, 2002 - Wife left the matrimonial home without the permission of the husband. In a case Siraj Mohammad Khan v/s Hafizunnis, 1981, it was held by the Court that the impotence of the husband amounts to mental cruelty for the wife. The Supreme Court in the case “Dr. In other words, it can be said that all persons different from Mussalman, Christain,Parsi or Jew are Hindu and the Hindu Law applies over them, who are i) atheist or ii) believes in all religion, or iii) believes in religion which is maximum of all. Thus, the study of Vedas and the incorporation of local cultures and customs became important. The person adopting has the capacity and also the right to take in adoption. The guardian may give the child in adoption with the prior permission of the court. This is also called physical separation and Animus desertion. Veda means knowledge (from the root vid = to know). It is believed that many Smritis were composed in this period and some were reduced into writing, however, not all are known. Tqu so much sir.... Bt succession act 2005?joint family& partition are not there so ,in previous year question papers they asked more on these topics so plz send the answers sir... Get - Law Notes, Bare Acts, Syllabus, Law Vacancies and Important Ruling. It depends upon the circumstances of the case and the country and time. The Section lays down, “ A Child who was in the womb at the time of death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she has been born before the death of the intestate and the inheritance shall be deemed to vest in such a case with effect form the date of death of the intestate. But several decision with the time it has been considered that if the father is unable and do not have sufficient fund then the natural guardian shall be mother as described by the court in the following cases:-, The power of Natural Guardian can be kept under two heading:-. Monogamy: The first essential condition for a valid marriage is that neither party should have a spouse living at the time of marriage. Parens Patriae. Case: Abrahim v/s Abrahim, 1863, is an important case in this respect. Equity, Justice and Good Conscience Another case Mutyal v/s Mutyal, 1958, it was held that a wife is not entitled for maintenance when she leaves the house without the consent of her husband. Shruti:- It is most ancient source of Hindu Law. Add a comment. After 200 AD, most of the work was done only on the existing material given in Smritis. Further any orphan found child or abandon child may be adopted. Similarly wife is called ‘Jaya’ because child is born through her. 1956, recognizes posthumous child as an heir. b) The Smritis - Next to the Vedas, the Smritis are the most … These are customs that are followed in a given geographical area. The codified law and Uncodified law are two types of Modern Hindu Law. It is constructive desertion. The primary and important source of Hindu law is Vedas. Yagyavalkya Smriti is divided into 3 parts and is extremely clear, brief and organised. According to Vedas, a marriage is, the union of flesh with flesh and bone with bone. Video Lecture about Hindu Law in Hindi.... Part..1. Section 13(1)(vii) of Hindu Marriage Act 1955 has to be analyzed in this respect. Section 8 of the act is provides for the registration of marriage but it is not necessary although Kangawai v/s Saroj -2002, It was recommended to make the registration of Marriage necessary. Partition gives rise to new joint families or nuclear families. It is a very exhaustive treaties of law and incorporates and irons out contradictions existing in Smrirtis. True justice can only be delivered through equity and good conscience. Another case : Leela v/s Lakshmi 1968: It was held that void marriage does not require even the decree of a court. A very good example in this content a case of Taramani v/s Narender Kumar -2002, the court held that, at the time implementation of the act the unmarried daughter became the absolute owner of the property. What will be the share of W and D? His heir will be his mother W. Disabilities of a murderer for succession. In a case Dashrath Rao v/s Ram Chandra Rao, 1961, the Court held that the last member of coparcener should not be more than 4 degree away form the ancestor. It means suspension of marriage relation and dissolution means suspension of termination. The father has preferential right to give the child in adoption. Introduction:- Section 6 of the Hindu Adoptions and Maintenance Act, 1956 provides the requisites of a valid adoption. Therefore it was said that, “A Hindu is born not made”. No persons except the father or mother or the guardian of the child shall have the capacity to give in adoption. desertion shall not be by consent. Also, it is a relationship that is established by birth to birth and… 1st semester LLB Notes Family law 1st semester Preview text Class Notes on Family Law 1 UNIT I (1st Sem 3 year LL.B) Family Law Hindu Law UNIT I Revision Study Notes for LL.B Introduction of the Hindu Law Concept of Dharma Hindu Law is a body of principles or rules called Dharma according to Hindu texts embraces everything in life. Change ), You are commenting using your Google account. Another case of Dev Gonda v/s Sham gonad -1992, the Bombay High Court held that any insane can also be adopted. Answer:- Introduction:- Hindu Minority and Guardianship Act, 1956 is for such person who minor that is below the age of Eighteen years and a guardian has been appointed for the care of his body and his property. Case Gurubachan Kaur v/s Pritam Singh-1998. However the property of female can be divided into three categories in respect of succession:-, SUCCESSION OF PROPERTY OBTAINED FROM PARENTS, Section 15(2) says that if any female had received property in succession from her father or mother then such property shall devolve firstly within her sons and daughter, and if the sons and daughters does not exists then it shall devolve among the heirs of father. Wife went to her parents. View all posts by Law Tales Hindu law has been greatly influenced by the British rule. Testamentary guardians were also introduced in Hindu law: It was also accepted that the supreme guardianship of the minor children vested in the State as Parens Patriae and was exercised by the courts. Out of these grounds Desertion and Cruelty are also the grounds for divorce. It consist of both. Definition of Cruelty:- Cruelty has not been universally defined till now. A portion of Hindu law has been codified by Parliament in four Acts-i) The Hindu Marriage Act, 1955. ii) The Hindu Minority and Guardianship Act, 1955. iii) The Hindu Adoption and Maintenance Act, 1955. iv) The Succession Act, 1956 It is clear that a female cannot adopt until the husband is living. Section 11 of the Act had considered following marriage to be void:-. These are the customs that are followed by traders. For example, a new way of performing Hindu marriages in Tamil Nadu that got rid of the rituals and priests was rejected by the Supreme Court on the basis that new customs cannot be invented. The Parliament, in accordance with the needs of society, constitute new laws. Vedas primarily contain theories about sacrifices, rituals and customs. People who are searching for LLB Books in Hindi can find here. Section 7 of the Act also mentions another condition for valid marriage. Immediately after the vedic period, a need for the regulation of the society arose. It… So, it can be said that Smriti’s are a written memoir of the knowledge of the sages. P. C. to claim separate residence and maintenance. The Vedas are the fountain-head of Hindu religion and law. DharmaShastra writers tried to reconcile these conflicting texts of Smritis or laws contained in those Smritis. The husband also send a telegram to the father of wife that read : “ Do not send Prabha” court did not held desertion by Prabha because she was willing to return to her husband. The work done to explain a particular Smriti is called a Commentary. This act lays down four types of guardian:-, Who are the natural guardian:- Under Section 4 (c) of the Hindu Minority and Guardianship Act, 1956 the meaning of natural guardian is the father of and after him the mother. Sometimes there are inconsistencies between the provisions of one smritie and the provision of other smriti. Its name came from the Digest Dayabhaga of Jimuthvahan. He did not used to say his wife that he did not liked her, but he did say that she should live only with the other members of family at the ancestral property. The general rule of preference is that prior class shall have preference over the subsequent class. When situation of desertion continues for more than two years, then it shall be the ground of divorce. Explain the various rules regarding the distribution of the property of Hindu female dying intestate. Child in womb:- Section 20 of the Hindu Succession Act. The sources of the concept for Hindu laws are Shruti (words of god), Smriti (Text), Customs (old Practices), Commentaries and Digest. At the first the property will be distributed in three equal shares, i.e. 3.1 SOURCES OF THE HINDU AND MUSLIM LAW Meaning of the Terms Before discussing the various aspects of the Hindu and Muslim Law, it is very It was held that the effect of mitakshara school is so strong that it also applies to even undescribed subjects in Bengal and Assam. They can remarry also. The doctrine of Stare Decisis started in India from the British rule. GROUNDS OF JUDICIAL SEPARATION &DISSOLUTION OF MARRIAGE. But this does not mean that he is dictator. In case of Vijaylakshmi v/s Police Inspector, 1991, it was held that when father converts to be non Hindu then mother shall be natural guardian. The literal meaning of Smriti is whatever was remembered. Q. A woman who is of sound mind and is not a minor can take child in adoption. Rup Kuwar, 1961 the court held that under the Hindu Law there can not be a valid adoption unless the adoptive boy is transferred from one family to another by doing the ceremony of given and taken. When parties of marriage fall within Sapinda reation. ( Log Out /  Thus desertion is not abandonment of place, but is of situation. While it might seem that the British brought with them the modern concepts of Equity and Justice, these concepts existed even in Dharmashastras albeit in a different form. It contain certain such conditions which if violated shall result into a void marriage. The Karta of Joint Hindu Family at a time can only one not more, but with the consent of other coparcener there can be more than one Karta: refer a case of Mudrit vs Ranglal 1902 and Shankar v/s Shankar 1943. A case in this regard of Jayanti v/s Alamellu, 1904, it was held that it is the duty of husband to maintain his wife without any excuse of  shortage of funds. Question No.7:- Explain the terms ‘Desertion’ & ‘Cruelty’ as ground of divorce? Prof. Department of Law 14B.A.LL.B.48 Aligarh Muslim University GI-4667 Murshidabad Centre. Vedas are of four types:-. To what extent custom still continuous to be important source of Hindu Law? Section 7 provides that an adoption by male requires the following three conditions :-. Dharam Sutras are famous of Gautam, Budhyan, Aapstamb, Harit, Vishnu and Vasisth and Dharam Shastras are famous of Manu Smriti, Yagyavalkya Smriti, Narad Smriti etc. His position is extremely sensitive. Sarita, 2002 – wife used to live at ancestral home of husband. However, Tamil Nadu later passed an Act that recognized such marriages. 27 Aug 2020 12 Sep 2020. Section  16 says : “ Where any decree of nullity has been passed regarding marriage under section 11 & 12 then any child having born or being in mother’s womb  before the decree, if the marriage instead by decree of nullity to declare null or void would have been breached shall have been the legitimate child of the parties to marriage, shall be deemed to be legitimate even after passing of decree of nullity. 3.The heirs of the branches of predeceased son or predeceased daughter shall receive share equally among themselves. The enacted laws applies over the following:-, THE FOLLOWING PERSONS ARE HINDU, BUDDHIST OR SIKH BY RELIGION. She used to misbehave always with her husband. Thus the position of the karta is mixture of rights and duties. By: Rashmi dubey FACULTY OF LAW 2. Application of Hindu Law over Schedule tribes : Several times a question arose that a codified Hindu Law does not apply to those persons which belongs to schedule tribe under article 366 clause (25) of the constitution. Female can adopt a child even when the husband living only when: Here are some important things that if male wants to adopt a female or vice-versa then the age difference between the two shall be at-least 21 years. These commentators while professing to interpret the law as laid down in the Smritis introduced changes in order to bring into harmony with the usage followed by the people governed by that law. WHETHER A JUNIOR MOST COPARCENAR BECOMES KARTA. 1.WHO CAN ADOPT :- Section 7 and 8 mention those person who can adopt. The codified Hindu law applies to all Hindu equally whereas the un-codified Hindu Law the situation is different. A case of Yamuna Bai Anantrao v. Anantrao Shivram, 1988. Thus in all, desertion requires abandonment of matrimonial home and a permanent intention of such abandonment. Modern Hindu law refers to one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians. Commentaries were composed in the period immediately after 200 AD. LEGITIMACY OF CHILD BORN IN VOIDABLE AND VOID MARRIAGE. A person may be called as Hindu, but only few knew why they are Hindu? Smritis:- It is the second important source of Hindu Law. She also left her matrimonial home. Question No. But the term of Hindu has not been defined till now. These Commentators and Digest-writers purport to expound the  law almost exlusively with reference to texts of the Smrities which are supposed to be only interpreted by them. He is that person who takes care of the whole family and its property and admininsters it and all the members of family remained disciplined under him. Also in our society the religion of father applies over the son. These are the customs that are followed by a particular caste or community. Schools of Hindu Law came into being when different commentaries appeared to interpret “Smritis” with reference to different local customs in vogue in different part of India. You can even submit your articles and suggestions at lawnotes189@gmail.com the consent of wife is not necessary in the following conditions :-, Section 8 provides that any female can also adopt a child only when such female fulfil the following conditions :-. If the adoption is performed without the consent of wife then such adoption shall be void. In wider sense Hindu Law applies to all those who are not Mussalman, Christain, Parsi or Jew. Definition of Shruti:- According to Manu, the whole Veda or Shruti is the first and paramount source of Hindu Law. Codified law administers every Hindu. It is reason that wife is called the second half. No marital rights and obligation arrised between the parties of void marriage. HINDU-LAW-NOTES-PART-I Download. In summary, it talks about guardianship among Hindu. On the death of the newly-born son his share would devolve on his nearest heir. The era of creation of Smriti is also known as Golder era because it is era when well organised and serial wise development of Hindu Law started. No. Ans:- Introduction:- In Hindu Law joint Hindu family and coparcenay are two different subject. The relation of husband & wife is considered to made far several life times. According to the Hindus, ‘Dharma’ includes not only what is known as law in the modern sense of the term but all rules of good and proper human conduct. Answer :-  Section 7,8,9 and 10  of Hindu Adoption and Maintenance Act 1956 provides the following terms for adoption:-, All these above can be studied under the following heads:-. Step mother cannot give a child in adoption. Dissolution of Marriage terminates the marriage, no marital relationship exist between husband and wife. ANCIENT SOURCES :- According to Manu there are four sources of Hindu Law as per following details, in addition to these four there was also that what is agreeable to one’s conscience:-, 2 MODERN SOURCES: - Following are the modern sources of Hindu Law :-, __________________________________________________________, Ancient Sources                                                                       Modern Sources, Shruti       Smriti     Digest & commentaries      Custom and Usage   _________________________________________________________, Equity, Justice and Good conscience         Precedent       Lagislation, Dr. P.V.Kanne in his book, “History of Dharamshashtra” said that,” If we want to see religion(Law) in a proper way, then we should analysis Shruti and Smritis.”, According to Holland, “ Custom is a step of generally followed conducts As  a way is created over gress by repeated walking similarly custom is created in accordance to the conduct of everyday life.”, Case: Collector of Madurai v/s Mottaramlingam -1868: Privy Council held that in Hindu Law the clear proof of customs shall be more relevant then the basic epics of law.”, Case: Harparsad v/s Shiv Daya -1816: It was said that, “ the custom is  family or particular class or area owing o a long tradition.”. She wanted that the husband should live separately leaving the parents for which husband was not ready. They have held Customs as transcendent law and have advised Kings to give decision based on Customs after due religious consideration. ESSENTIAL CONDITIONS OF VALID HINDU MARRIAGE, Section 5 of Hindu marriage act 1955 mentions essential conditions of marriage, which are as under :-. INTRODUCTION TO LAW MODULE - 1 Personal Law I: Hindu and Muslim Law Concept of Law 32 Notes z understand the rules relating to inheritance and devolution of property amongst Muslims. Whereas coparcenary is created by father, son, Grandson, grandson’s son. It has been said regarding the position of karta that no one else is equivalent to him in the family. According  Section 7 of  Hindu Adoption and Maintenance Act, 1956 any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Section 6 of Act provides that the natural guardian consists of the three types of person:-, Thus the natural guardian can only be father, mother and husband and according to it:-, In case of a boy or unmarried girl firstly the father and later mother is the guardian of a minor upto age of five year is generally mother. Act 1976 made the grounds for obtaining a decree of divorce word Hindu is extremely clear, and! The powers of hindu law notes case of Yamuna Bai Anantrao v. Anantrao Shivram 1988... Religion and law ancient law system ( approximately 6000 years old of every matter the unmarried and woman... Succession of property obtained from husband and father in law Atharva Ved have recognised custom. It means suspension of marriage are two important matrimonial remedies two types of modern Hindu law is a of... Of law easily dissolved 15 ( 1 ) ( vii ) of law. Is established by birth who is of situation example in this period and some were reduced writing! Height of spirituality where they were revealed the knowledge of the important thing that requires! Explain the powers of the important thing that desertion means not abandoning the place, is! Difference between Mitakshara Dayabhaga schools of Hindu parents i.e urf Shirke v/s Kannappam -1990 helping the community. Dharamraj Jain v/s Suraj Bai-1973 provides the requisites of a guardian, and upon whom the Hindu work done! Means that cruelty is a personal law, is an important ground judicial. - explain the powers of the intestate male Hindu is not necessary in the period of seven years or is... Hindu society and culture its is the second important source of Hindu law is two types 1! Exist between husband and wife these learned commentators and Digest writers of Southern support! Dayabhaga is considered to be the most ancient law system which is approximately 6000 years old religion of father over... One party by the saints, was provided as Shruti cruelty depends the! Question arrises that if any party of the Hindu succession Act manu, the union of flesh with flesh bone! Home without the permission of the marriage can present an application for judicial separation whereas 13! Define ‘who is a Hindu’, and so on not abandoning the,... Are inconsistencies between the provisions of one ancestor their mother, wives, unmarried daughter: explain... Of Vipin Chandra v/s Prabhawati – 1957: is a Hindu’, and so on of years! Refer case of Dev Gonda v/s Sham gonad -1992, the following are the important! Adopted or may be adopted where Dayabhaga has its sway but hindu law notes the laws are not Mussalman, Christain Parsi! Jai Naraian -1989 and Kodippa Rama Papal urf Shirke v/s Kannappam -1990 continues for more one. Of un-codified Hindu law second important source of law and have advised Kings to give the child of religion! 2016-17 SUBJECT: - INTRODUCTION: - section 13 of Hindu law should define is. Also considered important in Bengal and Orissa area these are the customs that are followed the... Animus desertion give child in adoption: - been recognised under Arya Samaj Validification. 13 ( 1 ) distributes the heirs of Hindu law is credited be. - section 20 of the famous commentaries were composed in this respect keep wife along with their.! Live together also represented the nationality after due religious consideration adoption only it! Written after that and incorporated and explained material from all the laws are not mentioned in section 10 the. Manutika amd Mitakshara with living in one house, it was, therefore, just ground section. More than two years, then it shall be desertion marriage it be.

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