Author: Reese Bannister

Under the general law, a legitimate child is one who is born in a lawful wedlock, and a child born out of a void marriage is necessarily a bastard. This would normally cause great hardship to a child (for no fault of his own), and therefore, S. 16 provides that notwithstanding that a marriage is null and void under Section 11, any child of such a marriage, who would have been legitimate if the marriage had been valid, is to be considered to be a legitimate child. It is immaterial whether or not a decree of nullity is granted in respect of that marriage under the Act, and whether or not the marriage is held to be void otherwise than on a petition under this Act.It has also been provided…

Here is your essay on the Maitri Karar in the Hindu Marriage Act:This may be a little known fact, but India has been, and continues to be, home to a range of bigamous relationships. We have such ‘arrangements’ in the form of ‘maitri karar’ in Gujarat. ‘nata patra’ in Rajasthan, and so on. ADVERTISEMENTS: Perhaps the most imaginative and innovative alternate to bigamy practised in Gujarat (until officially banned by the government) was the ‘companionship contract’ or the ‘maitri karar’. When the government banned such connived carnal contracts, a host of other extra-marital devices cropped up to circumvent the Hindu matrimonial law of monogamy and the provisions of the Indian Penal Code relating to bigamy. Some of them took the shape of ‘service contracts’, whilst others were called ‘caretaker arrangements’,…

Section 5 of the Act lays down the requisites of a valid Hindu marriage. This section is to be read along with the other sections of the Act, and in particular, sections 11, 12, 17 and 18, which lay down the effect of the absence or non-fulfilment of the conditions prescribed by section 5. Image Source: i.huffpost.comThe five important conditions of a valid Hindu marriage laid down by S. 5, are as follows: (1) Neither party should have a spouse living at the time of the marriage: ADVERTISEMENTS: This clause establishes the rule of monogamy and prohibits polygamy, which was permitted before the Act came into force. It also prohibits polyandry, which was prohibited by the ancient Hindu law also.The contravention of the first condition will render the marriage void…

Section 7 of the Act deals with the ceremonies of a valid Hindu marriage. It lies down that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Thus, the customary rites and ceremonies of any one of the parties of such marriage must be followed. Further, the marriage must fulfil the five conditions of a valid marriage laid down by Section 5 of the Act, which has been discussed above.It is clarified by Section 7 that where such rites and ceremonies include the saptapadi (i.e., taking seven steps by the bridegroom and bride jointly before the sacred fire), the marriage becomes complete and binding only when the seventh step is taken.It will thus be seen that the Act does not prescribe…

Here is your essay on the Sapinda relationship in Hindu Marriage:The Act provides that a sapinda relationship, with reference to any person, extends as far as the third generation (inclusive of the third generation) in the line of ascent through the mother, and the fifth generation (inclusive of the fifth generation) in the line of ascent through the father. In determining the sapinda relationship, the line is always to be traced upwards from the person concerned, and such a person has to be counted as the first generation. (See the examples given below.)Two persons are said to be sapindas of each other, if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits…

For a Hindu, marriage is a samskara (religious rite or sacrament). It is in fact, the last of the ten sacraments, enjoined upon him by the Hindu religion for purifying the body from inherited taint. This view has been accepted by the High Courts of Bombay and Madras. Thus, a Hindu marriage is looked upon as something which is more of a religious necessity and less of a physical luxury. As once observed by the Calcutta High Court, a Hindu marriage is “more religious than secular in character.”According to the Vedas, a marriage is “the union of flesh with flesh and bone with bone”. It is a union which the Vedas regard as indissoluble. As long as her husband is alive, the wife is enjoined to regard him as her…

The Most Important Sources of Hindu Law are as follows:“The Veda, the Smriti, the approved usage, and what is agreeable to one’s soul (good conscience), the wise have declared to be the quadruple direct evidence of Dharma (Law)”. – ManuHindu Law today is the result of several ingredients, and the following are the eight important sources of Hindu Law: ADVERTISEMENTS: 1. Sruti2. Smriti3. Commentaries on the Smrities (Nibandhas)4. Puranas ADVERTISEMENTS: 5. Judicial decisions6. Legislation7. Justice, equity and good conscience8. Customs and usages Image Source: opsis.georgetown.edu 1. Sruti: ADVERTISEMENTS: Sruti (or Shruti) literally means that which was heard. The Srutis are believed to contain the very words of God. They are supposed to be the divine utterances to be found in the four Vedas, (namely the Rig Veda, the Yajur Veda,…

The Nature and the Scope of Hindu Law are described below:“The Indian soil has not only been productive in deep thinkers, eminent founders of world religions and gifted poets, but it has brought forth a system of law, which, after having spread over the whole vast continent of India, has penetrated at an early period into Burma and Siam, and has become the foundation of the written law in these two countries”. – Dr. Julius Jolly. ADVERTISEMENTS: Hindu Law, it has rightly been observed, has the most ancient pedigree of any known system of jurisprudence. However, it is not “law” as understood in modern times. Today, the word “law” signifies an Act passed by the Legislature of a country.Ancient Hindu Law, however, is not the result of any such legislation…