The desertion may terminate in following three situation :-. Some of the famous commentaries were Manubhasya, Manutika amd Mitakshara. In a case of Vipin Chandra V/s Prabhawati – 1957: is a good example in this context. Further any orphan found child or abandon child may be adopted. Definition of Cruelty:- Cruelty has not been universally defined till now. 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 Question No.6 : Discuss the grounds for obtaining a decree of divorce. The guardianship can be terminates in the following situations:-. According to Hindu Law, marriage is a sacrament or a holy union. What will be the share of W and D? In this case, wife refused intercourse form the first day after marriage. Section 9 mentions those persons who can give a child in adoption. Yagyavalkya Smriti is divided into 3 parts and is extremely clear, brief and organised. His heir will be his mother W. Disabilities of a murderer for succession. Mitakshara is being followed in all parts'of India except Bengal & Assam where Dayabhaga has its sway. The primary and important source of Hindu law is Vedas. 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. 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 Those persons who are not Mussalman, Chistain, Parsi Or Jew. Shruti means what is heard by the Sages (Rishis). 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. Answer : INTRODUCTION:-  The Hindu Law is credited to be the most ancient law system which is approximately 6000 years old. It implies that until and unless a coparcenary exists in a family, partition canno… 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:-. Immediately after the vedic period, a need for the regulation of the society arose. 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. ( Log Out /  The following are the modern sources of Hindu law: A. When her right to maintenance is lost? Capacity of a male Hindu to take in adoption. Cruelty:- it is an important ground for judicial separation and divorce. In all, it means that cruelty is determined by the facts and circumstances of every matter. 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. Grounds:- Section 13 of Hindu Marriage Act 1955 mentions the ground for Judicial separation and divorce. Video Lecture about Hindu Law in Hindi.... Part..1. 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. 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. 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. Smrities are many. Court held it to be cruelty by wife towards husband. The Supreme Court in the case “Dr. Refer a case of Dharamraj Jain v/s Suraj Bai-1973. But the term of Hindu has not been defined till now. Originally Hindu law was created to satisfy every needs and welfare of the people. At the first the property will be distributed in three equal shares, i.e. Husband never wanted to keep wife along with him. The following person can be kept in categories mentioned against each :-. The God gave birth to Hindu Law and whatever was heard by the saints, was provided as Shruti. 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. It has been said regarding the position of karta that no one else is equivalent to him in the family. The Court held that It to be desertion by the wife.”. It is such level that they came in direct contact with the God. 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. From *Law Student India* App for your preparations Click link to download Like & Share to others... Ther is no way to get a pdf of this irritatting. The person adopting has the capacity and also the right to take in adoption. 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? He used to come at his ancestral home once a week. The team provides the best IP legal services and assurance to our clients. Codified Hindu Law recognises custom only when it has been expressly given a place. 1956, recognizes posthumous child as an heir. Shruti is the synonym used for ‘Veda’ and it means what was heard from God. Praveen Mehta v/s Indrajeet Mehta, 2002, the Supreme Court said that Mental Cruelty is a state of mind and feelings. Section 5 of the Hindu Marriage Act, 1955 lists out the following conditions to be fulfilled for the solemnization between any two Hindus:- 1. 5  Distinguish between void and voidable marriage? 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. The most important of them are 1) Mitakshara written by Vijnaneswara(1100 A.D.) (2) Dayabhaga written by Jimutavahana (1300 A.D.). 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. 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. 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. A time also came in the middle when a person was called Hindu who believed in Hindu religion or followed it. Commentaries and Digests:- Commentaries are the third important sources of Hindu Law. 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. 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. No woman can be the member of coparcenary but she can be a member of joint family in such situation it is clear that. 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. It is constructive desertion. If a man has more than one wife living at the time of adoption, the consent of all the wives must be obtained. These are the customs that are followed by a particular caste or community. Customs are of four types-. Smriti means ” what is remembered”. Answer : INTRODUCION:- As we know that Hindu Law is two types : 1. Q. Similarly wife is called ‘Jaya’ because child is born through her. On the death of the newly-born son his share would devolve on his nearest heir. On the death of the newly-born son his share would devolve on his nearest heir. It is clear that a female cannot adopt until the husband is living. Radha Krishnan in his book ‘Hindu View of Life’ at one place said that there was a time when a person was identified as a Hindu on the basis of region i.e. Thankyou so much sir Your notes helps me alot... Thankyou .. Sir debt- meaning nd definition nd types of debt of vyavaharika nd avyavaharika. W=1/3, D=1/3, Son=1/3 because the son was heir of the intestate male Hindu. Codified law administers every Hindu. Vedas are of four types:-. Case : Rohan v/s Laksman – 1976. Now a female being considered to be complete owner of his property provided that at the time of implementation of this act:-, Section 15 of the Act provides for the succession of Hindu female dying intestate. Here we have also given the reference books and related books pdf […] A case of Yamuna Bai Anantrao v. Anantrao Shivram, 1988. Any party of the marriage can present an application for judicial separation and dissolution of marriage. Case : Collector of Madrai v/s Mottaramlingam 1868: It was said that, “ There is only one remote source among the various schools of Hindu Law, but due to different beliefs of Digest and its commentaries several schools and sub schools of Hindu Law have developed.”There are mainly two causes to differentiate between several schools of Hindu Law :-1 .Different Customs and Usages prevail in different parts of the country.2. Any male Hindu who is of sound mind and is not a minor … It depends upon the circumstances of the case and the country and time. 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. Shruti:- It is most ancient source of Hindu Law. Section 7 provides that an adoption by male requires the following three conditions :-. 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. 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 Case : Rajkumar  v/s Warwara-1989: Calcutta: The Calcutta High Court held that this category includes all those person who donot believe in any religion. Now a female has also the capacity to adopt any child. ( Log Out /  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 following are the modern sources of Hindu law: Equity means fairness in dealing. The period of writing of Dayabhaga is considered to be 1090-1130 A.D. Dayabhaga is mainly on essay  on partition and succession. desertion shall not be by consent as stated by the Court in the case of Gurbachan Kaur V/s Pritam Singh- 1998. 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. 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. Question :- 4  Discuss the essentials of a valid Hindu Marriage under the Hindu Marriage Act, 1955. The codified Hindu law applies to all Hindu equally whereas the un-codified Hindu Law the situation is different. Mother means only the natural mother not the step mother. Court held it to be a conduct of mental cruelty towards husband. Commentaries were composed in the period immediately after 200 AD. The son dies next day. 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, the following method could be expressed in simpler words in the following way :-. Father-in-law physically misconducted with her. If any wife attend the adoption ceremony it shall be deemed to have given the consent refer a case of Praful Kumar v/s Shashi Bewa -1990. There are several synonyms in Hindu Dharamshashtras far husband-wife, husband is also known as ‘Bhartar’, Swami because he maintains his wife and wife is his responsibility. a person who resided in India was called as Hindu, it also represented the nationality. The Power of Natural Guardian Property of Minor are as under:-. 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. 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. HINDU-LAW-NOTES-PART-I Download. Thus, smritis were dependent on the remembrance of saints. b) The Smritis - Next to the Vedas, the Smritis are the most … The Vedas are the fountain-head of Hindu religion and law. Sources of Hindu Law in Hindi/हिन्दू विधि के स्रोत/ #Sourceoffamilylaw #SourceofHinduLawinhindi #LLB - Duration: 13:29. Both have to spend their lives with each other. In wider sense Hindu Law applies to all those who are not Mussalman, Christain, Parsi or Jew.