This article deals with The Hindu Minority and Guardianship Act, 1956 and the entrenched patriarchal notions involved, to legislate situations involving a minor. It was in tandem with other legislations such as the Hindu Marriage Act, Hindu Succession Act and Hindu Adoption and Maintenance Act. They were all a part of the Hindu Code Bill, as an attempt… Read More »
The issue of Hindu Women’s Right to Property is a pressing concern when it comes to gender equality in our nation. The Hindu Succession (Amendment) Act, 2005, was primarily introduced to overcome this discrimination, which was disadvantaging Hindu women concerning their rights in the family and self-acquired property. The 2005 amendment brought about noticeable changes in empowering a… Read More »
This article intends to explain the concept of Natural Guardians and their rights over the minor’s property. The understanding of what a Natural Guardian means has evolved since 1956 when the Hindu Minority and Guardianship Act came into effect and that is analyzed through a string of cases. In a similar fashion, this article discusses what rights the… Read More »
This article is on the Hindu Succession Act 1956- the order of succession among males. It intends to explain the distribution of property among heirs in Class I and Class II Schedule, and also critically analyses the shortcomings of this legislation. The Hindu Succession Act 1956 was drafted in order to govern the issue of property inheritance. This… Read More »
Prakash & Ors. v. Phulavati & Ors., (2016) Overview Introduction Facts of the Case | Prakash & Ors. v. Phulavati & Ors., (2016) Contention | Prakash & Ors. v. Phulavati & Ors., (2016) Issues Involved Judgment | Prakash & Ors. v. Phulavati & Ors., (2016) Case Analysis Conclusion The judgment delivered in Prakash & Ors. v. Phulavati &… Read More »
Introduction Patriarchy, a social system where men hold superior positions, is quite prevalent in the Indian legal system as well, especially in the field of family law. The Indian women are still struggling to free herself from the chains of biasness of the society as well as of the laws. India is a land where patriarchy has existed… Read More »
Introduction Section 13 of the Hindu Marriage Act 1955 deals with the various grounds of divorce. Among these grounds, desertion is also an important ground which is given in Section 13(1) (iii). It actually means when a party to the marriage permanently leaves the other party without any valid reason and without the consent of another party. This… Read More »
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: According to Manu there are four sources of Hindu Law as per following details, in addition to these four there was also that what… Read More »
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 introduced certain important changes in many respects. The Hindu marriage contemplated by the Act hardly remains sacramental. The Act has brought in some changes of… Read More »
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 broken. It is a relation established by birth to birth. According to Smritikars even death cannot break this relation of husband and wife which… Read More »
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