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Case: Abrahim v/s Abrahim, 1863, is an important case in this respect. It is believed that the rishis and munis had reached the height of spirituality where they were revealed the knowledge of the Vedas. At the first the property will be distributed in three equal shares, i.e. Thankyou so much sir Your notes helps me alot... Thankyou .. Sir debt- meaning nd definition nd types of debt of vyavaharika nd avyavaharika. Hindu law has been greatly influenced by the British rule. It was held that the effect of mitakshara school is so strong that it also applies to even undescribed subjects in Bengal and Assam. Parens Patriae. Originally Hindu law was created to satisfy every needs and welfare of the people. Similarly it includes adopted sons and daughters but does not include step-sons and step-daughters a case may refer in this context Gurbachan v/s Khechar Singh-1971. Shobha Srinivas v/s Srinivas Veranna, 2002, Court did not considered such a single act of wife as cruelty in which the illiterate wife emotional anger threw the Mangal Sutra. Hindu law is a personal law. Therefore after her death the property shall not devolve among the brothers of father, rather shall devolve to the married sister. W=1/3, D=1/3, Son=1/3 because the son was heir of the intestate male Hindu. He is also called the ’Parmeshwar’ because the greatest duty of wife is the service of her husband. Question :- 4  Discuss the essentials of a valid Hindu Marriage under the Hindu Marriage Act, 1955. ESSENTIAL CONDITIONS OF VALID HINDU MARRIAGE, Section 5 of Hindu marriage act 1955 mentions essential conditions of marriage, which are as under :-. Change ), You are commenting using your Google account. Thus the following persons are coparcener:-. Section l6 provides for the legitimacy of child born in void and voidable marriages. Narad Smriti being the last smriti, is such first legal code which mentions subjects related to judicial process, courts and judiciary. But the term of Hindu has not been defined till now. The natural guardian of minor wife is her husband. Sarita, 2002 – wife used to live at ancestral home of husband. Right of unmarried Daughter:- Whether any woman who decides to live unmarried can claim partition of  coparcnary property? The Hindu law is credited to be the most ancient law system (approximately 6000 years old). But this does not mean that he is dictator. Minor cannot the guardian of another minor:-  As described in Section 10 of the Act that no minor can not be guardian of another minor. This Hindu Personal Law or modern Hindu law is an extension of the Anglo-Hindu Law developed during the British colonial period in India, which is in turn related to the less well-defined tradition of Classical Hindu Law. Whoever according to Hindu Adoption and Maintenance Act, 1956 also makes a provision that a Hindu wife may also obtain a decree for separate residence and maintenance from her husband under the following grounds:-. The most important digest is Jimutvahan’s Dayabhag that is applicable in the Bengal and Orissa area. Excluding the property received in succession from parents and husband or father-in-law all other properties shall devolve according to the mentioned heirs of section 15(1). The person adopting has the capacity and also the right to take in adoption. She used to misbehave always with her husband. Female can adopt a child even when the husband living only when: Here are some important things that if male wants to adopt a female or vice-versa then the age difference between the two shall be at-least 21 years. Hindu Law Notes Hindu Law Notes Free Download | Book ID : 5Mt1Dgstk0y2 Other Files Natuurwetenskap En Tegnologie Graad 4Ateneo Civil Law ReviewerOsnove Marketinga KotlerDigital Photography Pdf EbookWww Niu EduDaily Homework Assignment Templates PrintableExam Questions On Financial Markets And The following are the modern sources of Hindu law: A. In view of the above observations and its practical application it will not be incorrect to mention equity justice and good conscience as the next source of Hindu Law. Whereas coparcenary is limited. While it might seem that the British brought with them the modern concepts of Equity and Justice, these concepts existed even in Dharmashastras albeit in a different form. A woman who is of sound mind and is not a minor can take child in adoption. The Section lays down, “ A Child who was in the womb at the time of death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she has been born before the death of the intestate and the inheritance shall be deemed to vest in such a case with effect form the date of death of the intestate. The most important of them are 1) Mitakshara written by Vijnaneswara(1100 A.D.) (2) Dayabhaga written by Jimutavahana (1300 A.D.). desertion shall not be by consent. desertion shall not be by consent as stated by the Court in the case of Gurbachan Kaur V/s Pritam Singh- 1998. Both these have been mentioned in section 10 and 13 of Hindu Marriage Act 1955. In wider sense Hindu Law applies to all those who are not Mussalman, Christain, Parsi or Jew. 1.WHO CAN ADOPT :- Section 7 and 8 mention those person who can adopt. However the property of female can be divided into three categories in respect of succession:-, SUCCESSION OF PROPERTY OBTAINED FROM PARENTS, Section 15(2) says that if any female had received property in succession from her father or mother then such property shall devolve firstly within her sons and daughter, and if the sons and daughters does not exists then it shall devolve among the heirs of father. No woman can be the member of coparcenary but she can be a member of joint family in such situation it is clear that. It was held that where customs or traditions allow there a person above 15 years of age or married can be adopted. Hindu Law is a body of principles or rules called ‘Dharma’. iii. She wanted that the husband should live separately leaving the parents for which husband was not ready. It is believed that many Smritis were composed in this period and some were reduced into writing, however, not all are known. It provides that it nothing has been heared about the living or non living of any party to the marriage during the period of seven years or more, then a decree of dissolution of marriage could be passed on this ground. In Rutchepatty v/s. Rup Kuwar, 1961 the court held that under the Hindu Law there can not be a valid adoption unless the adoptive boy is transferred from one family to another by doing the ceremony of given and taken. Many sages from time to time, have written down the concepts given in Vedas. These section has two types of methods of adoption by male and adoption by female. The general rule of preference is that prior class shall have preference over the subsequent class. For partition, there must be at least two coparceners in the Hindu joint family because then only there will be a state of jointness amongst the coparceners which will come to an end by partition. 1st semester LLB Notes Family law 1st semester Preview text Class Notes on Family Law 1 UNIT I (1st Sem 3 year LL.B) Family Law Hindu Law UNIT I Revision Study Notes for LL.B Introduction of the Hindu Law Concept of Dharma Hindu Law is a body of principles or rules called Dharma according to Hindu texts embraces everything in life. Those persons who are Hindu, Jain, Buddhist or Sikh by religion:-The Hindu Law also applies to those persons who are not Hindu by birth but have accepted Hindu religion by conversion. WHETHER A JUNIOR MOST COPARCENAR BECOMES KARTA. Modern Hindu Law includes both Hindu by birth and Hindu by religion under the term Hindu. Hindu law has been greatly influenced by the British rule. It provides great work for our customers seamlessly and in coordination with a focus on quality and ethics. Niravi Law Classes 16,843 views 13:29 According to it both the parties to the marriage can jointly present an application for divorce on the ground of mutual consent in the situations mentioned below :-. Commentaries and Digests:- Commentaries are the third important sources of Hindu Law. HINDU-LAW-NOTES-PART-III Download. Who are the natural guardian of Hindu minor? Tqu so much sir.... Bt succession act 2005?joint family& partition are not there so ,in previous year question papers they asked more on these topics so plz send the answers sir... Get - Law Notes, Bare Acts, Syllabus, Law Vacancies and Important Ruling. Grounds:- Section 13 of Hindu Marriage Act 1955 mentions the ground for Judicial separation and divorce. ll.b llb llm law subject notes hindi english ba llb books hindi english university bar council law college education ll.b 3 year education Case : Sujeet Kaur v/s Garja Singh 1994, it was proved. Based on Hindu law, Hindu marriage is a sacred tie, and the last ten sacraments that can never break. The person giving in adoption has the capacity to do so, the person adopted is capable of being taken in adoption and the adoption made in compliance with the other conditions mentioned in Chapter II of the Hindu Adoption and Maintenance Act, 1956. The desertion may terminate in following three situation :-. Case : Rohan v/s Laksman – 1976. Question : Describe the rules of succession in the case of intestate Hindu female dying intestate? In a case of Vipin Chandra V/s Prabhawati – 1957: is a good example in this context. The literal meaning of Smriti is whatever was remembered. And another case of Bhagat Ram v/s Teja Singh-1999, the Supreme Court held that if any female receive property in succession from her mother then such property shall after her death go to her sister but not to the heirs of her husband. Every person is required to marry not only for child birth but also for the performance of religious and spiritual duties and to release the father from his dept. In fact a person unknown far a period of seven years or more is considered to have civil death. According to Hindu Law, marriage is a sacrament or a holy union. Ans:- Introduction:- In Hindu Law joint Hindu family and coparcenay are two different subject. Ground of maintenance while living separately, It is pertinent to mention here that the wife is entitled for maintenance only when she is living with her husband but she is not entitled to maintenance if she is living separately from her husband. Answer : INTRODUCTION :- Section 14 of the Hindu succession Act 1956 had brought drastic change in concept of property of a female. Their duties & matrimonial rights also ceased. Kusum v/s Kamata, 1965, it was said that the definition of cruelty is so wide that it includes both physical and mental type of cruelty. The woman has no right to adopt, during the subsistence of the marriage, if the husband not suffering with any of the disabilities mentioned in Section 8 of the Act. As we have seen above, desertion does not mean abandonment of place, rather is abandonment of situation. If any party to marriage devoids the other party from cohabitation even with living in one house, it shall be desertion. Refer a case of Bhola v/s Ram Lal -1989, It has been held that if any male has more than one wife then the consent of all wives are required. The doctrine of Stare Decisis started in India from the British rule. When parties of marriage fall within degrees of prohibited relationship. Another case Mutyal v/s Mutyal, 1958, it was held that a wife is not entitled for maintenance when she leaves the house without the consent of her husband. Subjects: - he can mortgage the undivided shares of other coparceners in the case the... And suggestions at lawnotes189 @ gmail.com view all posts by lawnotes maintain his parents, wife refused intercourse the! Impotency means the incompetency of any party to cohabit due to any physical or mental situation if any of... Daughters of predeceased son or predeceased daughter shall receive one share ancestral home once a week Maya... The essentials of a boy from one family to another the Power of natural guardian of sages. Dharma according to the provisions such person may be adopted, Chistain, Parsi or Jew a! Decided based on customs and Practices followed by a particular Smriti is called a Commentary been so. Persons who are not mentioned in section 10 of the Hindu succession Act no is. 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