Category: Marriage

Under old Hindu law an unmarried daughter was entitled to claim maintenance from her father and on the death of her father; she was entitled to be maintained out of his estate. But such rights were not available to an illegitimate daughter. Under the present law as contained in the Hindu Adoptions and Maintenance Act, 1956, whether legitimate or illegitimate both can claim maintenance from their parents. Image Source: s-media-cache-ak0.pinimg.comBut the obligation of the parents to maintain them would be dependent on the fact that the daughters are unable to maintain themselves by their own separate earnings and property. Daughters can claim maintenance from her parents so long as she is unmarried. There is no obligation on the parents to maintain a married daughter but on her becoming a widow,…

Although the Criminal Procedure Code is a procedural enactment, it also confers substantive rights, the right of maintenance being one of the most important of such rights. This Chapter gives effect to the fundamental and moral duty of every man to maintain his wife, children and parents, when they are unable to maintain themselves. Image Source: dpqe0zkrjo0ak.cloudfront.netThis Chapter has thus been enacted with the object of enabling discarded wives, helpless and deserted children and destitute parents to secure a much-needed relief. Chapter IX is, therefore, not a punitive measure; it is preventive, rather than remedial. The main idea behind this salutary measure is that no wife, child or parent should be left helpless, so that he or she may be tempted to commit crime or may tempt others to do…

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage – Section 493 of IPC:Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Image Source: 51ec5c0d06ef68842cbd-eb61d9770b9e4a1d2dacebe5287fbc1d.r85.cf2.rackcdn.com ADVERTISEMENTS: Scope:The essence of an offence under this section consists of the deception practised by a man upon a woman as a result of which the woman is led to believe that she is lawfully married to him whereas in fact she is not lawfully married to him.The guilt of the…

Marriage ceremony fraudulently gone through without lawful marriage – Section 496 of IPC:Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Image Source: tucsonweddingphotographer.biz ADVERTISEMENTS: Ingredients of offence:The essential ingredients of the offence under Section 496 are as follows:(1) The accused went through a form of marriage;(2) The accused knew that he was not thereby lawfully married to the other party; ADVERTISEMENTS: (3) The accused acted dishonestly or fraudulently.

Modern Sources of Hindu Law are as follows: (a) Judicial Decisions: Judicial decisions pronounced by the courts upon the various points have also developed as sources of law. Image Source: i.ytimg.com ADVERTISEMENTS: Now all the important points of Hindu law are found in the law reports. Since the laws propounded by the courts have the effect of superseding the commentaries, they have assumed greater importance. The decisions of Privy Council and Supreme Court are binding on all the courts including High Courts. The decisions of the High Court are not binding on any other High Court although they are binding on the courts subordinate thereto.Thus the decisions of Privy Council, Supreme Court and those of the High Courts constitute precedents to become important source of law. Bose, J. observed: “The…

The above named plaintiff states as follows:1. The plaintiff was given in marriage at Rajahmundry to the defendant.2. The defendant, after her marriage with the plaintiff, lived with her guardian but, for occasional visits her husband’s place till she attained majority in 1994. Image Source: vanderbilt.edu ADVERTISEMENTS: 3. The defendant is an unemployed man. He was unable to maintain the plaintiff and discharge his minimum marital obligations. Being anxious of the welfare of the plaintiff, the defendant was asked by the guardians of the plaintiff to come over to the plaintiffs house as illotom son-in-law and live there.4. The defendant turn out to be a worthless fellow and was found to be incompetent to discharge marital obligations. He would not work often left home for couple of months without intimation…

Suit for setting aside an adoption:The plaintiff states as follows:1. The plaintiff is the only legal heir to Sri Katreddi Narasimham. Because Sri K. Narasimham died, the plaintiff had right, title and interest over the properties described below, which are left behind by the said Sri. K. Narasimham. Image Source: theransomchurch.org ADVERTISEMENTS: 2. But, K. Bhima Sankaram, in collusion with the Settlement Department of the Government of Andhra Pradesh managed to record his name for the said properties in the Schedule below as an adopted son of Sri K. Narasimham, being allegedly taken in adoption by Smt. Katreddi Sugunamma, widow of the said Sri. K. Narasimham on 24.9.1984.3. The defendant was never adopted as a son by Smt. Katreddi Sugunamma.4. Even if, without conceding, there was an adoption of the…

Under Section 13 of the Code, a foreign judgement is conclusive and will operate as res-judicata between the parties thereto except in the cases mentioned therein.In other words, a foreign judgement is net conclusive as to any matter directly adjudicated upon, if one of the conditions specified in clauses (a) to (f) of Section 13 is satisfied and it will then be open to a collateral attack. ADVERTISEMENTS: In the following six cases, a foreign judgement shall not be conclusive (Section 13(a) to (f)). A. Foreign Judgement not by a Competent Court: It is a fundamental principle of law that the judgement or order passed by the Court which has no jurisdiction is null and void. Thus, a judgement of a foreign Court to be conclusive between the parties must…

The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it. It also refers to property which an intestate leaves behind him to pass to his heirs. The Chapter containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”. The Chapter also deals with heirs who are entitled to succeed and the mode of devolution of property. Image Source: i.ytimg.comThe legislature has abrogated the rule of Hindu law in all matters in respect of which there is an express provision in the Act. ADVERTISEMENTS: The Act applies to all property of the deceased Hindu except those mentioned in Section 5 of the Act.Section 5 runs as follows.(i) “This Act shall not apply to any property, succession to…

According to the Section 18 of the Hindu Marriage Act, 1955, every Hindu who procures a marriage for himself or herself to be solemnised under this Act in contravention to the conditions specified in Clauses (iii), (iv) and (v) of Section 5 shall be punishable— Image Source: farm4.staticflickr.com(a) In case of contravention of the conditions specified in clause (iii) of Section 5 with simple imprisonment which may extend to 15 days or with fine which may extend to one thousand rupees, or with both. After the passing of the Act now the position has been changed, who ever performs, conducts, directs or abates any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh…