Category: Marriage

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…

The following incidents and consequences of a decree of judicial separation are noteworthy: Image Source: utahdivorcefirm.com(1) The marriage is not dissolved. ADVERTISEMENTS: (2) The husband and wife continue to have the same status but they are not bound to live together.(3) It would not be obligatory for them to cohabit with each other.(4) It does not prevent the parties from subsequently resuming cohabitation and living together as husband and wife as originally, they did.(5) If either spouse marries during the period of judicial separation, he or she would be liable for the offence of bigamy. ADVERTISEMENTS: (6) The petitioner, who may be wife or husband, may claim alimony from the other.(7) The wife shall, from the date of the decree and till separation continues, be considered as a feme sole…

Section 17 of the Act makes the marriage void under the following conditions:(1) If the marriage is solemnised after the commencement of the Act; and ADVERTISEMENTS: (2) At the date of marriage either party has a spouse living.It further renders bigamy punishable as per Section 494 of the Indian Penal Code. Image Source: i.ytimg.comUnless the marriage is performed with proper ceremonies and due form, it cannot be said to be solemnised. It is therefore, essential for the purpose of Section 17 of the Act, that the marriage to which Section 494, Indian Penal Code applies on account of the provisions of the Act should have been celebrated with proper ceremonies and due form.Once these ceremonies are proved to have been performed the marriage becomes properly solemnised and if contracted while…

According to textual Hindu law, an everlasting bond of relationship comes into existence between husband and wife after their marriage. Image Source: divorce.legalTherefore the question of breaking off the marriage does not arise at all. Under certain circumstances e.g., wife living an immoral life, husband could abandon his wife but the marital relationship remained unaffected. Strange enough, Parasara and Narada, two great Smritikaras laid down five conditions in which a woman could take another husband for herself. ADVERTISEMENTS: These conditions included: (1) where the husband has been found lost, or (2) died; or (3) has renounced the world; or (4) has become impotent; or (5) has become an outcaste on account of some social stigma. The above text of Parasara and Narada does not seem to lay down a case…

Hindu Law governed not only Hindus but also Sikhs, Jains and Buddhists. It governed Lingayats a body of dissenters who deny the validity of caste distinctions. Image Source: androidheadlines.comIt governed progressive sects like Brahmans and Arya Samajists. It also governed persons professing other religious beliefs if such was their customary law and if there was no statue governing them. ADVERTISEMENTS: In fact until the other day, that is until the passing of the Shariat Act, several Mohammedan Communities like the Khojas, the Cutchi Memons, the Borahs and the Halai Memons were governed by Hindu Law in matters of succession and inheritance. On the other side of the picture were undoubted Hindus like the Muir and other non-Brahmin Hindu castes of Malabar Cochin and Travancore who were governed by the Marumakkathayam…