( Log Out / The entirety of the Hindu law is said to be derived from two major sources: Ancient or original sources: Shruti (the 4 Vedas â Rigveda, Yajurveda, Samveda, Atharvaveda), Smriti, digests and commentaries, customs and usages. What are the powers of such guardian? A case : Maya Devi v/s Uttram -1861, this view was proved. The codified law and Uncodified law are two types of Modern Hindu Law. 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 In the old Hindu Law as per Mitakshara the bride should not fall within seven degrees from fatherâs side and five degrees from the motherâs side. In this case, wife refused intercourse form the first day after marriage. The sources of the concept for Hindu laws are Shruti (words of god), Smriti (Text), Customs (old Practices), Commentaries and Digest. In modern society, this is the only way to bring new laws. 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 :-. 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. One of the important thing that desertion requires guilt by one of the parties i.e. 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. Section 7 of the Act also mentions another condition for valid marriage. In case of E.M. Nadar v/s Shri Haran, 1992, it was held by the court that the father is guardian of minor even if living separately. A case of Yamuna Bai Anantrao v. Anantrao Shivram, 1988. The complete material provided under Hindu Law notes is useful in all types of examinations, where questions related to the subject matter of law or laws are asked. Codified law administers every Hindu. It was held desertion. Question : Describe the rules of succession in the case of intestate Hindu female dying intestate? Sometimes there are inconsistencies between the provisions of one smritie and the provision of other smriti. Immediately after the vedic period, a need for the regulation of the society arose. The God gave birth to Hindu Law and whatever was heard by the saints, was provided as Shruti. In fact a person unknown far a period of seven years or more is considered to have civil death. These different areas are governed by different Digest and Commentaries. The provisions have been made in section 13(1)(ii) for cruelty and section 13(1)(iii) provides desertion. In a situation where no rule is given, a sense of ‘reasonableness’ must prevail. The person giving in adoption has the capacity to do so, the person adopted is capable of being taken in adoption and the adoption made in compliance with the other conditions mentioned in Chapter II of the Hindu Adoption and Maintenance Act, 1956. 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. Categories: JUDICIARY; LLB/B.A.LLB NOTES; Published by Law Tales. Similarly wife is called ‘Jaya’ because child is born through her. Shruti means ” what is heard”. 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. DIFFERENCE BETWEEN MITAKSHARA DAYABHAGA SCHOOLS, The above two schools has the principally differences on two subjects:-. Even Smritis have given importance to customs. Shruti:- It is most ancient source of Hindu Law. A case : Bansidhar v/s Chabi 1967 : It was held that the children from void and voidable marriage shall be deemed to be the legitimate children of their parents. It is constructive desertion. 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. It is clear that a female cannot adopt until the husband is living. Change ), You are commenting using your Facebook account. Thus in all, desertion requires abandonment of matrimonial home and a permanent intention of such abandonment. 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 Â source of Â the law. In the case of Varadrajan v. State, it was held that a party to be bigamous marriage could be punished only upon the proof of the prior marriage â¦ Section l6 provides for the legitimacy of child born in void and voidable marriages. In view of the above observations and its practical application it will not be incorrect to mention equity justice and good conscience as the next source of Hindu Law. Their duties & matrimonial rights also ceased. According to Hindu Law, marriage is a sacrament or a holy union. Based on Hindu law, Hindu marriage is a sacred tie, and the last ten sacraments that can never break. Desertion is required to be without reasonable cause. 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. These duty is not legal only but moral also. It is said that though several codified Hindu Laws were enacted in 195 and 1956 but the term Hindu was not defined. SESSION:- 2016-17 SUBJECT:- âHindu Lawâ TOPIC:- âSources of Hindu Lawâ SUBMITTED TO: SUBMITTED BY: Miss. Case : Rohan v/s Laksman – 1976. Several times a question arrises that if any party to marriage has been lost then whether second party can enter into second marriage? 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. Refer a case of Dharamraj Jain v/s Suraj Bai-1973. Further any orphan found child or abandon child may be adopted. But this identity of Hindu also did not remained for too long, because it was not required for Hindu o believe in Hindu religion. Custom under Hindu Marriage Act 1955 can be applied over two topics : The Judicial Committee explained that, “ Custom is a rule which in a particular family or in particular district has from long usage, obtained the force of law. 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. Here it is important that desertion requires guilty by one of the parties i.e. Section 13(1)(vii) of Hindu Marriage Act 1955 has to be analyzed in this respect. 1.Son daughter and husband each shall receive one share. In Rutchepatty v/s. With Smriti’s, a systematic study and teaching of Vedas started. The Power of Natural Guardian Property of Minor are as under:-. Q. Change ). The concept of a Hindu marriage is to establish a relationship between husband and wife. Manu Smiriti made of 12 chapters and 2694 Shlokas fulfilled the requirement of substantive epic of law. 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? Differentiate between Mitakshara and Dayabhaga Schools. 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 Question No.3:- Discuss the main principles on which Mitakshara and Dayabhaga schools of Hindu Law differ from each other. 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. (ii) Only after the transfer of a boy from one family to another with a ceremony will be valid. Cruelty:- it is an important ground for judicial separation and divorce. These sources can be divided into Four categories-. It was held in this case that the Hindu Law applies not only to those who are Hindu by birth but also applies to those persons who have become Hindu by conversion. 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. Question No.6 : Discuss the grounds for obtaining a decree of divorce. The team provides the best IP legal services and assurance to our clients. What is the nature of Hindu Marriage? There are four Vedas. ( Log Out / Modern Hindu law refers to one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians. Section 8 of the Act provides that any female Hindu who is of sound mind, who is not minor and who is not married or if married, whose married has been dissolved or whose husband is dead has the capacity to take a son or daughter in adoption. The relation of husband & wife is considered to made far several life times. Step mother cannot give a child in adoption. But all the laws are not mentioned in every smriti. Answer: - INTRODUCTION: - Section 11 & 12 of Hindu Marriage Act, 1955 provides far void and voidable marriage respectively:-, Section 5 of the Hindu Marriage Act 1955 mention about the essential conditions of a valid marriage. Hindu law is a personal law. These are the concept of life, living style, traditions, religious belief etc. The area of its application is whole India excluding the Assam State. Before the enactment of Hindu Marriage Act, 1955, Hindu marriages were â¦ Vedas primarily contain theories about sacrifices, rituals and customs. The Vedas are the fountain-head of Hindu religion and law. Question :- Who can give child in Adoption? Hindu law is not a law as understood in modern times. 2.Sons and daughters of predeceased sons and predeceased daughters shall receive that share which the predeceased would have receive if alive. 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. Parens Patriae. Both have to spend their lives with each other. But this does not mean that he is dictator. He used to come at his ancestral home once a week. Change ), You are commenting using your Twitter account. Shobha Srinivas v/s Srinivas Veranna, 2002, Court did not considered such a single act of wife as cruelty in which the illiterate wife emotional anger threw the Mangal Sutra. According to Vedas, a marriage is, the union of flesh with flesh and bone with bone. Case Gurubachan Kaur v/s Pritam Singh-1998. Thus, the study of Vedas and the incorporation of local cultures and customs became important. 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 Veda here means that not only the direct texts themselves are authoritative but also those rules are deducible from them. The most important digest is Jimutvahan’s Dayabhag that is applicable in the Bengal and Orissa area. Sh. Illustrate your answer. Two important matrimonial remedies marriage could be expressed in simpler words in the following: the... In dealing our society the religion of father applies over the son was heir of the Hindu and. Helping the student community those person who hindu law notes in India that and incorporated explained! In wider sense Hindu law and incorporates and irons Out contradictions existing in Smrirtis be dissolved! Ii ) only after the vedic period, a systematic study and teaching of Vedas and the provision other. 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