Hindu Law

Hindu Law

SOURCES OF HINDU LAW

Introduction The Hindu Law is credited to be the most ancient law system which is approximately 6000 years old. The sources of Hindu Law can be kept under two headings:- Ancient or original sources…

Introduction – Hindu Marriage act, 1955

Introduction Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. It is a landmark in the history of social legislation. It has not simply codified the Hindu law of marriage but has introdu…

Concept and forms of marriage

Introduction The concept of marriage is to constitute relationship of husband and wife. According to ancient Hindu law, marriage is the last of ten sacraments and is a sacred tie which can never be…

ESSENTIAL CONDITIONS OF VALID MARRIAGE

Introduction Parties must be Hindus under Section 2(3) of Hindu Marriage Act. According to this section both the parties to the marriage under the Act must be Hindus. If one of them is a Hindu and …

REGISTRATION OF MARRIAGE

Introduction Section 8(1) of Hindu Marriage Act provides that for the purpose of facilitating the proof of Hindu marriages, the state government may make rules providing that the parties to any suc…

Distinction between void and voidable marriage

Distinction between void and voidable marriage Marriage is the voluntary union of one man with one woman to the exclusion of all others, satisfied by the solemnisation of the marriage. The Hindu Ma…

DIVORCE under Hindu Law (Theories)

Introduction Prior to the Hindu Marriage Act, 1955 marriage was regarded as indissoluble union of husband and wife. Manu has declared that a wife cannot be released from her husband either by sale …

Judicial Separation under Hindu Law

Introduction Judicial Separation is an instrument devised under law to afford some time for introspection to both the parties of a troubled marriage. Law allows an opportunity to both the husband a…

Restitution of Conjugal Rights

Introduction Marriage is just not only a ceremony, it also includes various marital duties and legal rights associated with it. One of the fundamental purposes of marriage is that the spouses live …

GUARDIANSHIP under Hindu Law

Introduction In the Hindu Dharamshastras, not much has been said about the guardianship. This was due to the concept of joint families where a child without parents is taken care of by the head of …

ADOPTION under Hindu Law

SONSIP & ADOPTION The son under the Hindu Law has been assigned utmost importance in the Hindu Dharamshastras, male issue was treated as necessary for protecting the deceased parents from the s…

GIFTS UNDER THE HINDU LAW

Introduction Gifts consists in the relinquishment (without consideration) of one’s own right (in property) and the creation of the right of another. A gift is completed only on the other’s acceptan…

JOINT HINDU FAMILY

CONCEPT, NATURE AND CONSTITUTION The institution of joint Hindu Family is very ancient. It has evolved from the ancient patriarchal family which can be described as the earliest unit of human socie…

Karta – Powers and Duties

Introduction to Karta The joint Hindu family is a patriarchal organization and the head of the family is known as Karta. He is the senior most male member of the family and as a head or manager of …

PARTITION under Hindu Law

Introduction Partition, is an act by which a coparcener severs his relations with joint family and loses his status of coparcener and becomes an independent individual from the links of joint famil…

CONCEPT AND GROUNDS OF DIVORCE

Divorce was unknown to the laws of Dharamshastras as marriage was regarded as indissoluble union of the husband and wife. Manu does not approve of dissolution of marriage in any conditions. He decl…