Out of these grounds Desertion and Cruelty are also the grounds for divorce. Introduction:- Section 6 of the Hindu Adoptions and Maintenance Act, 1956 provides the requisites of a valid adoption. Ans:- Introduction:- Under the Hindu society and culture its is the duty of husband to maintain his wife. Question No.6 : Discuss the grounds for obtaining a decree of divorce. From *Law Student India* App for your preparations Click link to download https://goo.gl/FuoNby Like & Share to others... Ther is no way to get a pdf of this ....so irritatting. In wider sense Hindu Law applies to all those who are not Mussalman, Christain, Parsi or Jew. These sources can be divided into Four categories-. Wife is also called ‘Lakshmi’ she is the best friend of husband. It is constructive desertion. No persons except the father or mother or the guardian of the child shall have the capacity to give in adoption. Today it can be said broadly that a person who is not Muslim, Christain, Parsi or Jew shall be Hindu. Today the judgement of the Supreme Court is binding on all courts across India and the judgement  of the High Court is binding on all the courts in that state. Therefore after her death the property shall not devolve among the brothers of father, rather shall devolve to the married sister. a person who resided in India was called as Hindu, it also represented the nationality. whose parents are Hindu but such person is also considered Hindu whose either of the parent is Hindu and has been brought up under Hindu traditions. What will be the share of W and D? These are as under :-. The father has preferential right to give the child in adoption. Yagyavalkya Smriti is divided into 3 parts and is extremely clear, brief and organised. According to Hindu Law, marriage is a sacrament or a holy union. And another case of Bhagat Ram v/s Teja Singh-1999, the Supreme Court held that if any female receive property in succession from her mother then such property shall after her death go to her sister but not to the heirs of her husband. Similar case is Yadhister Singh v/s Smt. The Delhi High court held that as the widow had been acquitted so she would not be disqualified from inheriting. In another case of Harihar Sethi V/s Ladu Kishore Sethi -2002, it was held by the Orisa High Court that junior coparcenar can be the karta when the senior most coparcener waives his right of karta then a junior member can become Karta. It is believed that many Smritis were composed in this period and some were reduced into writing, however, not all are known. Whereas coparcenary is created by father, son, Grandson, grandson’s son. So, it can be said that Smriti’s are a written memoir of the knowledge of the sages. Step mother cannot give a child in adoption. If he is unsound mind or suffering from chronic disease has the right to give a child in adoption. 2.Sons and daughters of predeceased sons and predeceased daughters shall receive that share which the predeceased would have receive if alive. Question No. Question : Describe the rules of succession in the case of intestate Hindu female dying intestate? 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 Tagged: Hindu Law, Notes The provisions related to guardianship for Hindus are given under the Hindu Minority and Guardianship Act, 1956. The most important digest is Jimutvahan’s Dayabhag that is applicable in the Bengal and Orissa area. It provides that it nothing has been heared about the living or non living of any party to the marriage during the period of seven years or more, then a decree of dissolution of marriage could be passed on this ground. The provisions have been made in section 13(1)(ii) for cruelty and section 13(1)(iii) provides desertion. There are several cases of cruelty. In a case of Vipin Chandra V/s Prabhawati – 1957: is a good example in this context. Definition of Cruelty:- Cruelty has not been universally defined till now. Smrities are many. Case : Sujeet Kaur v/s Garja Singh 1994, it was proved. The following are the modern sources of Hindu law: Equity means fairness in dealing. Section 12 of the Act mention about voidable marriage. A case Commissioner of Income tax v/s Sridharan -1976 : a positive answer was given and said that if either of the parent is Hindu and child born out of them is brought up under Hindu traditions then that child shall be considered as Hindu. It is one of the oldest known jurisprudence theories in the world. So, Hindu law should define âwho is a Hinduâ, and upon whom the Hindu law applies. b) The Smritis - Next to the Vedas, the Smritis are the most ⦠Wife went to her parents. Most of the Hindu Law is based on Customs and Practices followed by the people all across the country. Case : Rohan v/s Laksman – 1976. Hindu law has been greatly influenced by the British rule. Now there are some slight changes have been made in the Hindu Marriage Act, 1955 and certain conditions has been imposed far a valid marriage which gives it a farm of agreement : However there are certain provision of Hindu Marriage Act, 1955 which makes it sacred in its nature :-, As to the question of marriage when there is already living husband or wife. Who are coparceners and what are there rights. Illustrate your answer. Notes and Video Lecture of LL.B ( 3 Year) Kurukshetra University Kurukshetra, waoo thankuu soo much for this notesnd please i want administrative,company law, transfer of property and easement act pls provide this notes also plss sir/ ma'am. Categories: JUDICIARY; LLB/B.A.LLB NOTES; Published by Law Tales. The Vedas are the fountain-head of Hindu religion and law. When parties of marriage fall within Sapinda reation. The guardian of married of girl is husband but here in the case of minor the step-mother and step-father can not be guardian. Court held it to cruelty. According to Manu, a person has to maintain his parents, wife and minor children even after doing 100 wrong acts. If a man has more than one wife living at the time of adoption, the consent of all the wives must be obtained. The person adopting has the capacity and also the right to take in adoption. The work done to explain a particular Smriti is called a Commentary. desertion shall not be by consent as stated by the Court in the case of Gurbachan Kaur V/s Pritam Singh- 1998. True justice can only be delivered through equity and good conscience. Both have to spend their lives with each other. In this case, wife refused intercourse form the first day after marriage. Answer : INTRODUCTION :- Section 14 of the Hindu succession Act 1956 had brought drastic change in concept of property of a female. In modern society, this is the only way to bring new laws. The Act has given two qualification for a male Hindu to capable to taka a child in adoption i.e. These duty is not legal only but moral also. 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. She also refused to undergo medical examination. Add a comment. 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. 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. Actual desertion mainly requires two essential things: Respondent abondous matrimonial home and there is intention of desertion. Thus the position of the karta is mixture of rights and duties. Refer a case of Lakshman Singh Kothari v/s Smt. No. Right of unmarried Daughter:- Whether any woman who decides to live unmarried can claim partition of coparcnary property? Immediately after the vedic period, a need for the regulation of the society arose. Codified Hindu Law recognises custom only when it has been expressly given a place. When parties of marriage fall within degrees of prohibited relationship. Shruti means ” what is heard”. The guardianship can be terminates in the following situations:-. Thus, Shruti’s include the four vedas- Rig, Yajur, Sam and Athrava along with their brahamanas. To what extent custom still continuous to be important source of Hindu Law? WHETHER A JUNIOR MOST COPARCENAR BECOMES KARTA. Hindu Law Notes Hindu Law Notes Free Download | Book ID : 5Mt1Dgstk0y2 Other Files Natuurwetenskap En Tegnologie Graad 4Ateneo Civil Law ReviewerOsnove Marketinga KotlerDigital Photography Pdf EbookWww Niu EduDaily Homework Assignment Templates PrintableExam Questions On Financial Markets And She also left her matrimonial home. It was held desertion. Cruelty:- it is an important ground for judicial separation and divorce. He has to move along-with all the members. Shruti is the synonym used for ‘Veda’ and it means what was heard from God. What are the various sources of Hindu Law? In summary, it talks about guardianship among Hindu. Equity, Justice and Good Conscience But the consent of the wife of a male Hindu is not necessary in the following three conditions:-. 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. 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. When her right to maintenance is lost? The Court observed that it was not the scheme of Hindu Succession Act, 1956 that the Civil Court should again examine the charge of murder and hold an enquiry or trial independently after acquittal from the criminal Court. On what grounds can a Hindu wife claim maintenance from her husband even while living separate form him. Section 7 Hindu Adoptions and Maintenance Act, 1956 7. Hindu Law is a body of principles or rules called âDharmaâ. Any male Hindu who is of sound mind and is not a minor ⦠Void marriage does not require the decree of court to declare it null. The primary and important source of Hindu law is Vedas. It is pertinent to mention here that although the grounds of Judicial separation and dissolution of marriage may be the same but they are different. According to it, the following method could be expressed in simpler words in the following way :-. 1.Son daughter and husband each shall receive one share. HINDU LAW NOTES. Every person is required to marry not only for child birth but also for the performance of religious and spiritual duties and to release the father from his dept. Actually Britishers not only established a judicial system in India but also facilitated though the High Court charters that wherever their is lack of lawful rules, their the decision should be on the principles of equity, justice and good conscience. Smritis:- It is the second important source of Hindu Law. Minor cannot the guardian of another minor:- As described in Section 10 of the Act that no minor can not be guardian of another minor. These two are called the School of Hindu Law. Many sages from time to time, have written down the concepts given in Vedas. According to the Hindus, âDharmaâ includes not only what is known as law in the modern sense of the term but all rules of good and proper human conduct. Q. Niravi Law Classes 16,843 views 13:29 These writers modified and supplemented the rules in the Smritis, in part by mean of their own reasoning and in part in the light of usages that had grown up. His heir will be his mother W. Disabilities of a murderer for succession. Further any orphan found child or abandon child may be adopted. Hindu law has been greatly influenced by the British rule. The man is required to take consent of the wives or wife, before adoption. Based on Hindu law, Hindu marriage is a sacred tie, and the last ten sacraments that can never break. These are the concept of life, living style, traditions, religious belief etc. SESSION:- 2016-17 SUBJECT:- âHindu Lawâ TOPIC:- âSources of Hindu Lawâ SUBMITTED TO: SUBMITTED BY: Miss. The concept of a Hindu marriage is to establish a relationship between husband and wife. In Jai Singh v/s Shakuntla, 2002 the Supreme Court opined that Section 16 of the Hindu Adoptions and Maintenance Act, 1956envisages a statutory presumption that in the event of there being a registered pertaining adoption, adoption would be presumed to have been made according to law. Thus a second marriage could be performed after obtaining the decree of dissolution of marriage on above ground. Whether a daughter who wants to remain unmarried can claim partition in the coparcenary property? Question :- 4 Discuss the essentials of a valid Hindu Marriage under the Hindu Marriage Act, 1955. It implies that until and unless a coparcenary exists in a family, partition canno⦠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. THIS ⦠Grounds:- Section 13 of Hindu Marriage Act 1955 mentions the ground for Judicial separation and divorce. Hindu law is the most ancient law in the world. Thus, the study of Vedas and the incorporation of local cultures and customs became important. Manu Smiriti made of 12 chapters and 2694 Shlokas fulfilled the requirement of substantive epic of law. The name of this school came from the Digest Mitakshara of Vigyaneshwa. The smritis can be divided into-. Keeping in the view of the importance of above lines the body of minor under Section 8 (i) that the natural guardian can perform all the function regarding care of the minor which are in his benefits. Where saptpadi is necessary it required to be performed compulsoryily. The Power of Natural Guardian Property of Minor are as under:-. But the term of Hindu has not been defined till now. Narad Smriti being the last smriti, is such first legal code which mentions subjects related to judicial process, courts and judiciary. Father-in-law physically misconducted with her. Praveen Mehta v/s Indrajeet Mehta, 2002, the Supreme Court said that Mental Cruelty is a state of mind and feelings. According to it both the parties to the marriage can jointly present an application for divorce on the ground of mutual consent in the situations mentioned below :-. Whoever according to Hindu Adoption and Maintenance Act, 1956 also makes a provision that a Hindu wife may also obtain a decree for separate residence and maintenance from her husband under the following grounds:-. It is such level that they came in direct contact with the God. SUCCESSION OF PROPERTY OBTAINED FROM HUSBAND AND FATHER IN LAW. Mitakshara is being followed in all parts'of India except Bengal & Assam where Dayabhaga has its sway. It contain certain such conditions which if violated shall result into a void marriage. Wife was ready to live with husband but the husband was not willing to live together. The codified Hindu law applies to all Hindu equally whereas the un-codified Hindu Law the situation is different. The sources of Hindu Law can be kept under two headings:-, 1. 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:-. 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. Answer :- INTRODUCTION : Marriage in Hindu culture is considered to be a sacred ritual. Parties to void marriage can remarry again. These different areas are governed by different Digest and Commentaries. Dharma according to Hindu texts embraces everything in life. It has been said regarding the position of karta that no one else is equivalent to him in the family. The Commentators and Digest writers of Southern India support the validity of the marriage of maternal sister. These are the customs that are followed by a family for a long time. Means a party to a marriage permanently leaves the other party without any reason and without his consent. Ques:-Valid Adoption under Hindu Adoptions and Maintenance Act, 1956. ILLUSTRATION :- The property received in succession from brother gifts at time of marriage other gifts etc shall dissolve under this category. But if the male Hindu has a wife living at the time of adoption, he shall not adopt except the consent of his wife. ESSENTIAL CONDITIONS OF VALID HINDU MARRIAGE, Section 5 of Hindu marriage act 1955 mentions essential conditions of marriage, which are as under :-. Hindu Marriage is not only a sacrament but also a contract. Some people believe that Vedas contain no specific laws, while some believe that the laws have to be inferred from the complete text of the Vedas. The Hindu Marriage Act, 1955, gave a new definition and mode of computation of Sapinda relationship, by virtue of which the Mitakshara and Dayabhaga interpretations have been given up. A case: Rampyari v/s Dharamdas 1984: It was said by Allahabad High Court that an application for declaring a marriage void is not required to be presented by the victim only. Customs are of four types-. Hey, This post is very attractive and informative. 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. Mother means only the natural mother not the step mother. Change ). A male dies on 1st July, 1992, leaving his widow W and his daughter D. On 1, 1992 widow W gave birth to a normal son. After 200 AD, most of the work was done only on the existing material given in Smritis. Ash hindu law ppt 1. Even Smritis have given importance to customs. She wanted that the husband should live separately leaving the parents for which husband was not ready. However, Tamil Nadu later passed an Act that recognized such marriages. In a case of Balusu v/s Balusu, 1899 it was held by the Privy Council that the adoption of only son is valid with reference to the story of Atri-Aurva. 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. 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. ( Log Out / The God gave birth to Hindu Law and whatever was heard by the saints, was provided as Shruti. Sources of Hindu Law can be divided into two parts- Ancient and Modern, Before the codification of Hindu Law, the ancient literature was the only  source of  the law. Thus, smritis were dependent on the remembrance of saints. The brother of the deceased raised the objection that she was not entitled to inherit the property as she was charged with the murder of her husband. Explain whether the members of any schedule tribe coming within the clause (25) of Article 366 of the constitution are governed by the codified Hindu Law? Some of the famous commentaries were Manubhasya, Manutika amd Mitakshara. Where as among Maharashtra School and Jains a person of any age can be adopted refer case of Bishan v/s Girish-1986. Shaila Mehmood Mohd Ashraf Asst. It is a mixture of both. Originally Hindu law was created to satisfy every needs and welfare of the people. Refer a case of Bhola v/s Ram Lal -1989, It has been held that if any male has more than one wife then the consent of all wives are required. A law in the present sense would mean an act framed by the legislature of a State. Case Gurubachan Kaur v/s Pritam Singh-1998. Modern Hindu Law includes both Hindu by birth and Hindu by religion under the term Hindu. A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf. These section has two types of methods of adoption by male and adoption by female. You can even submit your articles and suggestions at lawnotes189@gmail.com Also, it is a relationship that is established by birth to birth and⦠DharmaShastra writers tried to reconcile these conflicting texts of Smritis or laws contained in those Smritis. But in the case of Nilabba Somnath Tarapur v/s Divisional Controller KSRTC Bijapur -2002, it was held that where saptpadi is not necessary according to tradition and rituals there a marriage solemnised without Saptpadi shall also be valid. Section 13(1)(vii) of Hindu Marriage Act 1955 has to be analyzed in this respect. Definition of Shruti:- According to Manu, the whole Veda or Shruti is the first and paramount source of Hindu Law. Shruti means what is heard by the Sages (Rishis). What is the nature of Hindu Marriage? According Section 5 of the Act, an adoption made in contravention of the provisions of Chapter II of the Hindu Adoptions and Maintenance Act, 1956 is void. What are the powers of such guardian? A case : Maya Devi v/s Uttram -1861, this view was proved. Another case of Roshan Lal v/s Basant Kumari -1967-68 Punjab: The wife does not agree to live with the husband along-with his parents. iii. The Parliament, in accordance with the needs of society, constitute new laws. Wife is not entitled to get maintenance under section 125 of CCP in a void marriage. As per the context of schools, Hindu Law is of two types :-. According to it, it can be said that such children are considered legitimate. In case of Pandurang V/s Pandurang -1947 it was held by the Nagpur High Court that the mother can become Karta if their is no other adult coparcener here the Supreme Court does not agree to this view in case of Commissioner of Incometax Vs Seth Govind Ram -1986. The period of writing of Dayabhaga is considered to be 1090-1130 A.D. Dayabhaga is mainly on essay on partition and succession. FRAUD OR FORCE :- Concealment of caste religion or misrepresenting a mother as a vingin or false praising or concealing prior marriage etc., are good example of fraud. She used to misbehave always with her husband. 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. According to tradition the Vedas also called Shruti. The woman has no right to adopt, during the subsistence of the marriage, if the husband not suffering with any of the disabilities mentioned in Section 8 of the Act. Child in womb:- Section 20 of the Hindu Succession Act. It was held that the effect of mitakshara school is so strong that it also applies to even undescribed subjects in Bengal and Assam. Q. When in a suit under section 18 of Hindu Adoption & Maintenance Act, 1956, or in a proceeding under section 125 of CPC-1973, a degree or a order had been passed against the husband for the payment of maintenance to the wife even when she lived separately and after the time of issuing such degree or order the cohabitation had not been resumed between the parties with in a period of one year or more. If any party to marriage behaves with cruelty to the other party, then the other party can present an application for divorce against the first party on this ground. They have held Customs as transcendent law and have advised Kings to give decision based on Customs after due religious consideration. The unmarried and widow woman has also the right to take in adoption any child. According to the provisions such person may be adopted or may be given in adoption :-. 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. All cases are now recorded and new cases are decided based on existing case laws. Husband was working somewhere else. Answer : INTRODUCTION:- The position of karta n a joint hindu family is unique. The guardian of illegitimate boy or illegitimate unmarried girl shall be firstly the mother and later the father. The Hindu law is one of the most ancient and primitive laws that are still prevalent in todayâs era and also known to the world at large. Question: Explain the powers of Karta in a joint Hindu Family? 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. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. No marital rights and obligation arrised between the parties of void marriage. The consent of mother shall not be required in following situations :-, Generally a mother cannot give a child in adoption till the father is living. 27 Aug 2020 12 Sep 2020. Manu says, “ In memorial is transcendent Law.”. Whereas coparcenary is limited. 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. [Latin, Parent of the country.] According to them a codified Hindu Law shall apply to such persons only when the Central Government notifies in the official Gazette by a notification. Legal code which mentions subjects related to judicial process, courts and JUDICIARY differences! 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