Hindu law notes. Hindu law notes 2022-11-06

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Hindu law is the legal system that governs the legal matters of Hindus, which is the majority religious group in India. Hindu law is based on ancient scriptures, customs, and traditions, and it has evolved over time through various interpretations and adaptations. Hindu law is not a codified law like the legal systems of many Western countries, but rather it is a collection of various sources that provide guidance on various legal matters.

One of the main sources of Hindu law is the Hindu scriptures, which include the Vedas, the Upanishads, and the Dharmashastras. These scriptures contain guidance on various legal matters such as marriage, inheritance, and property rights. The Vedas, which are considered the oldest and most sacred Hindu scriptures, contain hymns, rituals, and teachings that provide guidance on moral and ethical principles. The Upanishads, which are philosophical texts, contain teachings on the nature of reality and the ultimate goal of human life. The Dharmashastras, which are law codes, contain rules and regulations on various legal matters such as inheritance, marriage, and contract law.

Another important source of Hindu law is the customs and traditions of the Hindu community. These customs and traditions vary among different Hindu communities and are often passed down from generation to generation. Customary law is often used to resolve legal disputes when there is no clear guidance in the scriptures or in other sources of law.

Hindu law also includes the principles of equity and natural justice, which are the principles of fairness and justice that are derived from ancient Hindu legal texts. These principles are used to interpret and apply the law in cases where the law is unclear or there is a lack of precedent.

In modern times, Hindu law has been influenced by the legal systems of other countries, particularly the British legal system. The British introduced a system of codified law in India during their colonial rule, and many of the laws that are currently in force in India were based on British laws. However, Hindu law has also been modified and adapted over time to suit the changing needs and circumstances of the Hindu community.

In conclusion, Hindu law is a complex and multifaceted legal system that is based on ancient scriptures, customs, and traditions, as well as the principles of equity and natural justice. It has evolved over time and has been influenced by other legal systems, but it remains an important part of the legal system in India and is followed by a large portion of the population.

2 Major Schools of Hindu Law: Detailed Notes

hindu law notes

It is at the discretion of the court to determine the amount of maintenance. . Thus, considering all the facts and circumstances, the appeal of the wife was dismissed. This rule is considered to be the fairest and reasonable option available to a person. The major commentaries of Mithila law school are Vivadaratnakar, Vivadachintamani, Smritsara. Commentator of commentaries with year Serial no. By this method, a wife who does not want break up of marriage or judicial separation from her husband can secure provision of her living.


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Hindu law chapter 1

hindu law notes

In the future, the mother of Poonuswami asked Perumal for the share of his properties. The structure of Narada Smriti is based on the eighteen titles of law, which are also mentioned in Manu Smriti but with some variation in names. Court marriage can be between an Indian male and a female irrespective of their caste, religion or creed. These additional conditions are basic and are very important for the welfare of the child. This was held by the Madhya Pradesh High Court in the case of Yashpal Singh Thakur vs Smt. In some situations, the wife got married before attaining the age of 15. Kanyadana: this is the gift of the bride to the bridegroom.

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Hindu LAW

hindu law notes

This process can also be legally useful in applying for Visa or some sort of property issues. But the secular nature of the acts have been modified to suit the religious preferences of a Brahmin community. Ans: This school of thought is relatively recent in comparison with Mitakshara School of hindu law. Commentaries and digest The third ancient source of Hindu law is commentaries and digestives. The basic condition requested by the father of the bride is that the bridegroom must treat the bride as a partner and fulfil their religious and secular duties together.

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Hindu Law: Sources and Schools of Hindu Law

hindu law notes

Legislations are enacted by the parliament. It helped in the interpretation of the smritis. There are two types of legal customs. Asura This is one of the most condemned forms of marriage. The documents requirements are also the same as mentioned above unless any special circumstances.

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Notes for Hindu Law

hindu law notes

Absence of anger krodha Schools of Hind Law: I. To whom Hindu Law apply 1. In the case of Mst. The eight forms are divided into 2 categories of approved and unapproved forms of marriage. Shri Satbir Singh Tkukral. The Hindu Minority and Guardianship Act was established to empower the Guardians and Wards Act of 1890 and provide better rights and protection to children instead of acting as a replacement of an already prevalent act. In this case, the Allahabad High Court had rightly held that the discriminatory ban imposed on the Sudras by the Smritis stands abrogated as it contravenes the fundamental rights.


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Class Notes on Family Law/Hindu Law 1

hindu law notes

However, owing to the general right to a shared household under the Act, a wife has a right to reside in the shared household with her husband. Obligation To Maintain Children And Parents Live-in relationship, as such, is a relationship which has not been socially accepted in India, unlike many other countries. Though such cases of torture on men are rare, it is existing in the Indian society. Lastly, condonation means to forgive. Thus, only hindus the applicability of which could be checked from Section 2 of Hindu Marriage Act, 1955 are covered under this Act. It is also called Manu Samhita.

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Hindu Law Notes

hindu law notes

The purpose is to meet the necessary and immediate expenses of the spouse who is a party to the proceedings. Maintenance of widowed daughters-in-law A husband is liable to pay maintenance to his wife after they get divorced. Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation. Cruelty is also a criminal offense and also has statutory provisions for the same. All about Hindu Marriage Hindu Marriage refers to kanyadan which means gifting a girl to the boy by the father with all the tradition and rites or custom. And also at that time, the king was known as Dharmaraj because the main motive of the king was to follow the path of Dharma. Smritis Smritis are considered as text which has been remembered and then interpreted by the rishis throughout the generation.


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Hindu law notes

hindu law notes

Other than the Shruti, custom is considered the principal source of Hindu Law. Hindu is a person who is domiciled in India, who is not a Muslim, Christian, Parsi or Jew by religion. Testamentary Guardian Under Section 9, of the Hindu Minority and Guardianship Act, 1956 testamentary guardian only authorized by a will. Dayabhaga School: It exists in Bengal and Assam Only. Illegitimacy of either party and immorality is not a ground for invalidity of a marriage. The decree, however, does not sever or dissolve the marriage.

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