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W=1/3, D=1/3, Son=1/3 because the son was heir of the intestate male Hindu. 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. 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? Rig Veda, Yajur Ved, Sama Ved and Atharva Ved. Step mother cannot give a child in adoption. Case : Gurmukh Singh v/s Kamla Bai -1951: It was held that, “ Where their is lack of rules of Hindu Law over any subject, there court should pronounce their decision on the basis of principle of equity, justice and good conscience. 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:-. 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). ( Log Out /  Answer : INTRODUCION:- As we know that Hindu Law is two types : 1. ILLUSTRATION :- The property received in succession from brother gifts at time of marriage other gifts etc shall dissolve under this category. Thus such Hindu male can adopt a child who is major, sound mind and has obtained the consent of his wife. 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. What are the various schools of Hindu Law? Yagyavalkya Smriti is divided into 3 parts and is extremely clear, brief and organised. Sometimes there are inconsistencies between the provisions of one smritie and the provision of other smriti. Sources of Hindu Law in Hindi/हिन्दू विधि के स्रोत/ #Sourceoffamilylaw #SourceofHinduLawinhindi #LLB - Duration: 13:29. But the consent of the wife of a male Hindu is not necessary in the following three conditions:-. Section 7 provides that an adoption by male requires the following three conditions :-. Smrities are many. The Commentators and Digest writers of Southern India support the validity of the marriage of maternal sister. On the death of the newly-born son his share would devolve on his nearest heir. Parties to void marriage can remarry again. 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. desertion shall not be by consent as stated by the Court in the case of Gurbachan Kaur V/s Pritam Singh- 1998. A mother can give a child in adoption only when the following occur:-. 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. The period of writing of Dayabhaga is considered to be 1090-1130 A.D. Dayabhaga is mainly on essay  on partition and succession. So, Hindu law should define ‘who is a Hindu’, and upon whom the Hindu law applies. Today it can be said broadly that a person who is not Muslim, Christain, Parsi or Jew shall be Hindu. What are the essential conditions of a valid Hindu Marriage? A case of Savtri Pandey and Premchand pandey -2002: The Supreme Court held that, “ the desertion means ignorance from matrimonial duties, instead of leaving any place. Dharma according to Hindu texts embraces everything in life. Similarly it includes adopted sons and daughters but does not include step-sons and step-daughters a case may refer in this context Gurbachan v/s Khechar Singh-1971. At the first the property will be distributed in three equal shares, i.e. Hindu law has been greatly influenced by the British rule. These guidelines have evolved into rules followed by the people and enforced by the rulers and have thus become de facto law. These are the customs that are followed by traders. 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. Desertion requires existence of cohabitation between the parties earlier.”, ACTUAL DESERTION: - Actual desertion consist of the following elements:-. The Mitakshara school has further the following sub schools : MITAKSHARA SCHOOL                               DAYABHAGA SCHOOL, Banaras       Mithila        Maharashtra                         Dravid       Punjab. Question: Explain the powers of Karta in a joint Hindu Family? It is such level that they came in direct contact with the God. The sources of Hindu Law can be kept under two headings:-, 1. When parties of marriage fall within Sapinda reation. Video Lecture about Hindu Law in Hindi.... Part..1. 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. 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. It is clear that a female cannot adopt until the husband is living. It is pertinent to mention here that son and daughter includes illegitimate sons and daughters refer a case of R.A.Patil v/s AB redekar – 1969. Monogamy is the voluntary union for life of one man with one woman to the exclusion of all others. Whereas coparcenary is created by father, son, Grandson, grandson’s son. The most important digest is Jimutvahan’s Dayabhag that is applicable in the Bengal and Orissa area. 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. 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. Section 15(1) distributes the heirs of deceased Hindu female in the following five classes :-. 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. Whether he can mortgage the undivided shares of  other coparceners in the property. ll.b llb llm law subject notes hindi english ba llb books hindi english university bar council law college education ll.b 3 year education Joint Hindu Family is created by successors, of one ancestor their mother, wives, unmarried daughter etc. Manu says, “ In memorial is transcendent Law.”. Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law has not been made by legislature but it is the law made by the Divine Being and which has been re-built in the Vedas. Section 9 of the Act down the capacity of person, who may give the child in adoption to another. If the adoption is performed without the consent of wife then such adoption shall be void. 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. b) The Smritis - Next to the Vedas, the Smritis are the most … [Latin, Parent of the country.] Case : Sujeet Kaur v/s Garja Singh 1994, it was proved. The team provides the best IP legal services and assurance to our clients. These learned commentators and digest writers either commented on particular Smritis or made digests of the entire body of Smriti material. These are as under :-. The relation of husband & wife is considered to made far several life times. These are the concept of life, living style, traditions, religious belief etc. 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. Its name came from the Digest Dayabhaga of Jimuthvahan. Section 16 of the act mentions the method of distribution of property among the heirs of Hindu female dying intestate. 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:-. Russel v/s Russel, 1897 Cruelty has been described as such characterial behaviour or conduct which may put life and body under physical or mental form of danger or may arise apprehension of such danger. Similar case is Yadhister Singh v/s Smt. Right of unmarried Daughter:- Whether any woman who decides to live unmarried can claim partition of  coparcnary property? Section 12 of the Act mention about voidable marriage. Question No.2:- Under the Hindu Law, “Clear proof of usage will outweigh the written text of Law.” Comment and state whether custom is still a source of modern Hindu Law? 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. What will be the share of W and D? P. C. to claim separate residence and maintenance. To what extent custom still continuous to be important source of Hindu Law? If a man has more than one wife living at the time of adoption, the consent of all the wives must be obtained. 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. Thus in all, desertion requires abandonment of matrimonial home and a permanent intention of such abandonment. 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. Customs are of four types-. Ques:-Valid Adoption under Hindu Adoptions and Maintenance Act, 1956. Thus at present circumstances the nature of marriage is neither completely ‘sacred’ nor completely ‘agreement’. 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. By: Rashmi dubey FACULTY OF LAW 2. Change ), You are commenting using your Google account. After 200 AD, most of the work was done only on the existing material given in Smritis. 2.Sons and daughters of predeceased sons and predeceased daughters shall receive that share which the predeceased would have receive if alive. No woman can be the member of coparcenary but she can be a member of joint family in such situation it is clear that. Download the most important LLB Law Books and Free LLB Law notes pdf for students. 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. Partition is an eventuality in Hindu Joint family through which the joint status of a family comes to an end. Hindu law is not a law as understood in modern times. Law Notes is created for the sole purpose of helping the student community. Earlier grounds for above purposes were different but after the amendment of Hindu Law Act 1976 made the grounds of both as same. 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. Change ), You are commenting using your Facebook account. Child in womb:- Section 20 of the Hindu Succession Act. Therefore after her death the property shall not devolve among the brothers of father, rather shall devolve to the married sister. 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