Home Legal Advice Vital Matters beneath Hindu Regulation for Regulation Entrance Exams – CLATalogue

Vital Matters beneath Hindu Regulation for Regulation Entrance Exams – CLATalogue

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Vital Matters beneath Hindu Regulation for Regulation Entrance Exams

In response to Magne, “Hindu regulation has the oldest pedigree of any identified system of jurisprudence and even now its reveals no indicators of decrepitude”. Hindu regulation is predicated on customized and practices prevalent amongst the Hindus.

Sources of Hindu Regulation:

  • Historical supply: Vedas, smritis, dharmashastras, shrutis, customs and usages.

  • Fashionable sources: Precedents (judicial choices), legislative Acts, fairness, justice and good conscience.

Faculties of Hindu Regulation:

  • The Benaras College- it prevails in North Bihar, Benaras, Central, Western and Northern India.

  • The Mithila Scholl- it prevails in North West and East Bihar.

  • The Dravida or Chennai College- it prevails in Tamil Nadu i.e. Southern India.

  • The Maharashtra or Mumbai College- it prevails in Gujarat, kanara and within the components of India what place Marathi is spoken as native language.

  • Dayabhaga College: it finds its identify and origin from a commentary on varied main smritis written by Jimutvahana. It prevails in Bengal and Assam and offers solely with the issues of partition and inheritance. On all different issues aside from partition and inheritance within the states of Bengal and Assam, Mitakshara College is relevant.​​ 

The time period ‘Hindu’ consists of the next individuals in its ambit:

  • Hindu by religion- any one who is a Hindu, Jain, Sikh or Buddhist by faith. Virasaives, Lingayats, Tantriks, Arya samajists are all Hindus.

  • Hindu by Start- an individual (whether or not born professional or illegitimate) can be a Hindu if each his dad and mom are Hindus. If the individual (whether or not born professional​​ or illegitimate) has one of many guardian who’s a Hindu and the individual has been purchased up as a Hindu then he can be thought-about as Hindu.

  • Hindu by conversion- any one who is a convert or reconvert to Hinduism, Buddhism, Sikhism or Jainism is a Hindu.

  • Any one who isn’t a Muslim, Christian, Parsi or Jew and who isn’t ruled by every other regulation.

A Hindu doesn’t stop to be a Hindu if he turns into an atheist or lapses from non secular practices or adopts western tradition.

MARRIAGE UNDER HINDU LAW

Marriage was thought-about as a holy union and sacramental. The sacramental nature of marriage has following three traits:

  • It’s a everlasting union i.e. as soon as tied can’t be untied.

  • It’s an everlasting union i.e. legitimate not solely in life however in lives to come back.

  • It’s a holy union i.e. efficiency of spiritual ceremonies is important.

Hindu Marriage Act, 1955 doesn’t specify any specific types of marriage, it solely offers that marriage ought to have been solemnized in accordance with Hindu rites and ceremonies or in accordance with the customary ceremonies prevalent in the neighborhood to which bride and bridegroom belongs. Below Hindu regulation efficiency of saptapadi (seven steps taken earlier than the sacred hearth by the bride and groom).

VALID MARRIAGE

Part 5 of the Hindu Marriage Act, 1955 following situations shall be fulfilled with the intention to solemnize a sound marriage between the 2 individuals:

  • Each the events to the wedding must be Hindu. If one in all them is a hind and the opposite a non Hindu or each are non-Hindus, the wedding is not going to be subject material of this Act however will relate to another regulation viz particular marriage Act and many others.

  • Neither occasion ought to have a partner dwelling on the time of marriage i.e. the Act prohibits bigamy or polygamy.​​ 

  • On the time of marriage, neither occasion :

  • Is incapable of giving a sound consent to the wedding resulting from unsoundness of thoughts; or

  • Has been affected by a psychological dysfunction of such nature and to such diploma as to be unfit for marriage and procreation of youngsters.

  • Has been topic to recurrent assaults of madness or epilepsy.

(If a celebration to marriage isn’t affected by any defect on the time of marriage however falls in poor health mentally after the wedding, there isn’t any violation of the above talked about situations)

  • The bridegroom will need to have accomplished the age of 21 years and bride will need to have attained 18 years age on the time of marriage.

  • The events to the wedding shouldn’t be throughout the levels of prohibited relationship except the customized or utilization. Two individuals are related to one another within the following method they’re mentioned to fall within the levels of prohibited relationship:

  • By lineal ascent- eg father and daughter, father and granddaughter and many others.

  • By affinity:​​ eg father-in-law and daughter-in-law, step mama and step son and many others.

  • Spouse of brother or father’s brother or mama’s brother or father’s father’s brother or mama’s father’s brother. And many others

  • Sure shut relations corresponding to brother and sister, niece and uncle, nephew and aunt, cousins and many others

  • The events usually are not spindas of one another, except the customized or utilization governing every of them permits of a wedding between the 2. In response to part 3(f) of the Act states that ‘sapinda relationship’ close to any individual extends so far as the third technology (inclusive) within the line of ascent via the mama, and the fifth technology (inclusive) within the line of ascent via the daddy, the road being traced upwards in every case from the individual involved, who’s to be counted as the primary technology.

Full blood means when two individuals have similar father and mama

Half blood means when two individuals have similar father however totally different moms

Uterine blood means when two individuals have similar mama however totally different fathers.

Illegitimate youngsters are those that usually are not born out of a sound marriage.

Below Hindu regulation little one marriage is a sound marriage. Prohibition of Youngster Marriage Act 2006 declares the wedding (whether or not solemnized earlier than or after graduation of the Act) between a male lower than 21 years of age and a feminine lower than 18 years of age as voidable on the possibility of the occasion to the wedding who was a toddler on the time of marriage.​​ 

VOID MARRIAGE

A​​ marriage solemnized on the graduation of Hindu Marriage Act, 1955 ​​ shall be void ab intio i.e. it shall be null and void whether it is carried out within the contravention of following situations:

  • If any occasion to the wedding has a partner dwelling on the time of marriage.

  • If the events are throughout the diploma of prohibited relationship except the customized or utilization governing every of them permits such a wedding.

  • If the events are sapindas of one another, except the customized or utilization governing every of them permits such a wedding.

A void marriage is not any marriage. It’s void since its inception.​​ 

VOIDABLE MARRIAGE

A wedding which might be annulled or prevented on the possibility of 1 or each the events is called a voidable marriage.​​ It​​ shall be voidable on any of the next floor:

  • The wedding has not consummated owing to the impotence of the opposite occasion. Impotency might be each physical and psychological.

  • The wedding has been carried out with the one who incapable of giving a sound consent.

  • The spouse was pregnant on the time of marriage by another individual than her lawfully married husband. so as keep away from marriage on this floor husband must show the next info:

  • That the husband was on the time of marriage blind to the actual fact of being pregnant of his spouse

  • Absence of consensual marital intercourse by the husband together with his spouse since such discovery​​ 

  • That the husband has began the proceedings to keep away from marriage inside one 12 months of the solemnization of marriage. ​​ 

​​ RESTITUTION OF CONJUGAL RIGHTS

Part 9 of Hindu Marriage Act, 1955, lays down that if one of many spouses with out affordable excuse withdraws from the society of the opposite the aggrieved occasion could approach the court docket for restitution of its conjugal rights. Nevertheless for the applying of this part following situations have to be fulfilled:

  • The respondent has withdrawn from the society of petitioner with out a affordable excuse.

  • The court docket is glad that the statements made in petition are true.

  • There is no such thing as a authorized floor for refusing to grant utility.

 

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