Category: Marriage

According to the present law the adopted child is deemed to have merged with the family of the adoptive parents after severing all his or her relations with the natural family and he acquires all the rights and privileges with respect to marriage inheritence, partition, in the adoptive family. Image Source: yeattslawfirm.comHe is divested of all the rights in the natural family, from the date of adoption. It is presumed as if he had been born in the adoptive family. Under the Smriti law the adoption had the following two purposes:— ADVERTISEMENTS: (a) To perform the funeral, rites of the adoptive parents;(b) To perpetuate the family lineage of the adoptive father.Thus primary object of adoption was to extend spiritual benefit and the secondary object was to continue the lineage of…

There are three sections in the Act which deal with conclusive proof, viz., Ss. 41, 112 and 113. The contents of these sections are discussed below. Image Source: 3.bp.blogspot.com1. Judgments in probate and other jurisdictions (S. 41): ADVERTISEMENTS: A final judgment, order or decree of a competent Court, in the exercise of its.(i) Probate,(ii) Matrimonial,(iii) Admiralty, or ADVERTISEMENTS: (iv) Insolvency jurisdictionNot against any specified person, but absolutely (i.e., in rem)Is conclusive proof—(a) That any legal character ADVERTISEMENTS: (i) Which it confers, accrued at that time when such judgment, decree or order came into operation;(ii) Which it declares any such person to be entitled to, accrued to him at the time when such judg­ment, decree or order declares it to have accrued to him;(iii) Which it takes away from any person,…

Under S. 113-B, when the question is whether a person has committed the dowry death of a woman, and it is shown that, soon before her death she had been subjected by that person to cruelty or harassment in connection with any demand for dowry, the Court shall presume that such a person had caused the dowry death. (The term “dowry death” has the same meaning as in S. 504-B of the Indian Penal Code.) Image Source: kundansrivastava.comS. 113-B raises a presumption of guilt against any person who has been proved to have subjected the deceased woman, soon before her death, to cruelty or harassment, in connection with dowry. Needless to state, it is a presumption intended to be raised against the husband and his relatives in the case of…

According to ancient texts the father-in-law was neither under any legal obligation nor any personal obligation to provide maintenance to widowed daughter-in-law. It was merely a moral obligation. If the father-in-law received some property by survivorship on the death of his son, who died leaving behind his widow, he would be under legal obligations to maintain the widow of such a son. Image Source: 1.bp.blogspot.comSection 19 of the Act does not laydown a personal obligation upon the father-in-law to maintain his son’s widow. It lays down only a moral obligation upon the father-in-law to maintain his daughter-in-law, but after the death of the father-in-law, whosoever inherits his self acquired property, is legally bound to maintain the daughter-in-law of such deceased person. ADVERTISEMENTS: According to Section 19, any Hindu whether her…

Decree in Proceedings—Section 23: Section 23 lays down certain principles for the guidance of the court and also the conditions on the satisfaction of which, the court may pass a decree in the proceedings under the Act “whether dependend or not”. Image Source: kari-joys.comSub-section (2) however enjoins upon the court a duty to make every endeavour in the first instance to bring about reconciliations between the parties in every case where it is possible to do so consistently with the nature and circumstances of the case. Sub-section (1) lays down that only after the court is satisfied with the existence of the conditions mentioned in sub-clauses (a) to (e). The court shall decree the relief prayed for, but not otherwise. The petitioner is required to prove those grounds strictly upon…

The Proof of a Hindu marriage under Section 8 of Hindu marriage Act, 1955 are as follows:In order to facilitate proof of a Hindu marriage the State Government is authorised to make rules providing for registration of marriages. Such rules must, inter alia, provide that the parties to any such marriage may have the particulars relating to their marriage entered in the Marriage Register in such manner and subject to such conditions as may be prescribed. Image Source: hakimsonsfilms.com ADVERTISEMENTS: It is upto the State Government to provide, if it thinks fit, to make the registration of the particulars of all marriages compulsory in the State or in any parts thereof. Where any such direction has been issued by the State Government, any person contravening any rule made in that…

The Conditions for a valid Hindu marriage under the Act are as follows:The Hindu Marriage Act, 1955 originally provided six conditions for a valid marriage but the Child Marriage Restraint Act which was passed in 1978 omitted the sixth condition relating to guardianship in marriage and now there are only five conditions as pre-requisites for a valid Hindu marriage. These conditions are essential for the validity of marriage. In case of non-fulfilment of these conditions the marriage would not be deemed to be valid. Image Source: farm4.staticflickr.com ADVERTISEMENTS: The conditions given in the section are binding and definite, in absence of which the validity of marriage becomes doubtful. Section 5 of the Act, which deals with these conditions dispenses with the requirement of the identity of the caste. Section 5…

The concept of Hindu marriage, like any other institution did not remain unaffected in modem times owing to social changes which were the bye-products of early 20th century industrial revolution. Hindu Marriage which was considered to be a religious duty and a sacrament has undergone a change and it has lost its religious sanctity under the Hindu Marriage Act, 1955, which came into force on 18th May, 1955. The enactment is exhaustive. It is a landmark in the history of social legislation. Image Source: 1.bp.blogspot.comThe law contained in the Act is applicable to Hindus of every sect irrespective of howsoever progressive and unorthodox views they propound. It is thus applicable to Lingayats, Brahmas and Arya Samajists as well. It is applicable to all Hindus and the term Hindu in the…

Under the old Hindu law only three essential conditions were required—(1) Identity of caste between the parties; ADVERTISEMENTS: (2) Parties to marriage must be beyond the prohibited degrees of relationship i.e., they should not be of the same gotra or pravara, or sapinda of each other;(3) There must be proper performance of marital ceremonies. Image Source: vanderbilt.edu (I) Identity of Caste: If in a marriage bride and bridegroom did not belong to the same caste, the marriage was considered to be invalid unless sanctioned by custom.Ancient Hindu scriptures prohibited “Pratiloma marriage i.e., a marriage between a girl of higher caste and the boy of lower caste. But “Anuloma marriage i.e., males of higher caste and females of lower caste was permitted and recognised by the text. As the caste system…

The salient features of Stridhan can be described as under: (1) The test as to whether it is Stridhan: A Hindu female can secure the property from numerous sources but every such property cannot be Stridhan. Whether a property constitutes Stridhan, depends upon the following factors: Image Source: afeatherinmyhair.files.wordpress.com ADVERTISEMENTS: (a) Source of acquiring the property,(b) The status of the female at the time of acquiring the property, i.e., maidenhood, married status or widowhood,(c) The school to which she belonged. (2) Succession: In the matters of succession to Stridhan, a new order of heirs was provided under law which included her own heirs upon whom Stridhan devolved after the death of the female. This rule does not apply to the succession of woman’s estate. But now under the Hindu Succession…