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1/10/2017
LawNotes(LL.BNotes):HinduLaw
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Question No. 1: State the categories of persons to whom Hindu Law

applies. Explain whether the members of any schedule tribe coming
withintheclause(25)ofArticle366oftheconstitutionaregovernedby
thecodifiedHinduLaw?
ANSWER: INTRODUCTION : The word Hindu is extremely popular
andfamousterm.Generallyeverypersonisknowntoit.Butthetermof
Hinduhasnotbeendefinedtillnow.ApersonmaybecalledasHindu,
butonlyfewknewwhytheyareHindu?
Sh.RadhaKrishnaninhisbookHinduViewofLifeat
oneplacesaidthattherewasatimewhenapersonwasidentifiedasa
Hindu on the basis of region i.e. a person who resided in India was
calledasHindu,italsorepresentedthenationality.
Atimealsocameinthemiddlewhenapersonwas
called Hindu who believed in Hindu religion or followed it. But this
identityofHindualsodidnotremainedfortoolong,becauseitwasnot
required for Hindu o believe in Hindu religion. It is said that though
severalcodifiedHinduLawswereenactedin195and1956buttheterm
Hinduwasnotdefined.Todayitcanbesaidbroadlythatapersonwho
isnotMuslim,Christain,ParsiorJewshallbeHindu.
TheSupremeCourtinthecaseDr.RameshYashwant
Prabhu v/s Prabhakar Kashinath Kunta 1996 and Manohar Joshi v/s
NitiaBhausherPatil1996explainthetermHinduismrelatedtoHinduas
thelifestyleandmentalityofthiscontinent.
NowthetermHinducanbewidelydefinedtheperson
towhomHinduLawappliesshallbeHindu.
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PERSONTOWHOMHIDNULAWAPPLIES:
Thefollowingpersoncanbekeptincategoriesmentionedagainsteach
:
1.ThosepersonswhoareHindu,Jain,BuddhistorSikhbybirth:
i)ApersoniscalledHindubybirthwhoisthechildofHinduParentsi.e.
whose parents are Hindu but such person is also considered Hindu
whose either of the parent is Hindu and has been brought up under
Hindutraditions.
Acase:MayaDeviv/sUttram1861,thisviewwasproved.
Another case of Sh Devavasan v/s Jaya Kumari 1991, Kerala High
CourtheldthatmaleofNadarcasteofTravancoremarryanynonHindu
femaleandachildbornoutofsuchmarriageshallbeHindu
Here pertinent to mention that according to ancient
Dharamshashtras, a child born between Hindu parents only can be
called Hindu, there was no such thing of Hindu conversion of religion.
Thereforeitwassaidthat,AHinduisbornnotmade
ApplicationofHinduLawoverScheduletribes:
SeveraltimesaquestionarosethatacodifiedHinduLawdoesnotapply
to those persons which belongs to schedule tribe under article 366
clause(25)oftheconstitution.Section2(2)ofHinduMarriageAct1955
andthecaseofDashrathv/sGuru1972OrrisaandKadamv/sJeetan
1973 of Patna given the answer of this question. According to them a
codified Hindu Law shall apply to such persons only when the Central
GovernmentnotifiesintheofficialGazettebyanotification.
CHILDFROMHINDUFATHER&CHRISTAINMOTHER
Aquestionalsoarosedthatwhethersuchpersonshallbeconsideredto
be Hindu whose father is Hindu and mother is Christain? A case
Commissioner of Income tax v/s Sridharan 1976 : a positive answer
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wasgivenandsaidthatifeitheroftheparentisHinduandchildbornout
of them is brought up under Hindu traditions then that child shall be
considered as Hindu. Also in our society the religion of father applies
overtheson
InacaseSapnav/sStateofKerala:1993:Itwasheldthatifa
childisbroughtupasamemberofChristainfamiytheninthatsituation
thechildshallbechristaininsteadofbeingHindu.
Those persons who are Hindu, Jain, Buddhist or Sikh by
religion:The Hindu Law also applies to those persons who are not
HindubybirthbuthaveacceptedHindureligionbyconversion.
Case:Abrahimv/sAbrahim,1863,isanimportantcaseinthisrespect.It
washeldinthiscasethattheHinduLawappliesnotonlytothosewho
areHindubybirthbutalsoappliestothosepersonswhohavebecome
Hindu by conversion. Another case Morarji vs Administrator General
1929 Madras: It was said that persons becoming Hindu by conversion
arealsoHinduandtheHinduLawappliesoverthemtoo.ModernHindu
LawincludesbothHindubybirthandHindubyreligionundertheterm
Hindu.
ThosepersonswhoarenotMussalman,Chistain,ParsiOrJew.
InwidersenseHinduLawappliestoallthosewhoarenotMussalman,
Christain, Parsi or Jew. Case : Rajkumarv/sWarwara1989:Calcutta:
TheCalcuttaHighCourtheldthatthiscategoryincludesallthoseperson
whodonotbelieveinanyreligion.Inotherwords,itcanbesaidthatall
personsdifferentfromMussalman,Christain,ParsiorJewareHinduand
theHinduLawappliesoverthem,whoarei)atheistorii)believesinall
religion,oriii)believesinreligionwhichismaximumofall.
Another case: Yagyapurushdasji v/s Mooldas 1966: The
Supreme Court held that the followers of Narayan Swami section as
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Hindubecausethoughtheymaybegovernedbytheirviewsorrulesbut
finallyarerelatedtotheHindureligion.
APPLICATIONOFENACTEDLAWS
Theenactedlawsappliesoverthefollowing:
i)Who are the followers of Veer Shav, Lingayat or Braham samaj.
PrathnaSamajorAryaSamajandareHindubyreligion.
ii)WhoareJain,BuddhistorSikhbyreligion.
iii)Whoareresidentofterritorytowhichenactedlawappliesandarenot
mussalman,Christain,ParsiorJewandhasnotbeenprovedthatinthe
absence of enactment, they would not have been governed by Hindu
Laworacustomorpracticeofitspart.
THE FOLLOWING PERSONS ARE HINDU, BUDDHIST OR SIKH BY
RELIGION
(a) Any child, legitimate or illegitimate, whose both parents are Hindu,
Buddhist,JainorSikhbyreligion.
(b)Any child legitimate of illegitimate whose either of parent is Hindu,
Buddhist,JainorSikhbyreligionandhasbeenbroughtupamemberof
thattribecommunityorgrouptowhichthatparentswasorismember.
(c)Any person who has converted or reconverted to Hindu, Buddhist,
Jain or Sikh religion : Cases : Perumal v/s PunnuswamiAIR1971 &
Durga Parsad v/s Sudarshan Swami AIR1940 Madras. This was
proved.
*****************
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Question No.2: Under the Hindu Law, Clear proof of usage will
outweighthewrittentextofLaw.Commentandstatewhethercustomis
stillasourceofmodernHinduLaw?
OR
WhatarethevarioussourcesofHinduLaw?Towhatextentcustomstill
continuoustobeimportantsourceofHinduLaw?Illustrateyouranswer.
Answer:INTRODUCTION:TheHinduLawiscreditedtobethemost
ancientlawsystemwhichisapproximately6000yearsold.Thesources
ofHinduLawcanbekeptundertwoheadings:
1.Ancientororiginalsources.
2.ModernSources.
1.ANCIENTSOURCES:AccordingtoManutherearefoursourcesof
Hindu Law as per following details, in addition to these four there was
alsothatwhatisagreeabletoonesconscience:
1.Shruti2.Smriti3.DigestandCommentaries4.Customand
Usages.
2 MODERN SOURCES: Following are the modern sources of Hindu
Law:
1.Equity,justiceandgoodconscience.
2.Precedents
3.Legislation.
SourcesofHinduLaw
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_________________________________________________________
_
AncientSourcesModern
Sources
Shruti Smriti Digest & commentaries Custom and Usage
_________________________________________________________
Equity, Justice and Good conscience Precedent
Lagislation
1.SHRUTI:Thenameshrutiisderivedfromthewordsruwhich
meanstohearanditsignifieswhatisheard.Shrutiesareconsideredas
the primary and paramount source of Hindu Law. The shruti consist of
the four Vedas and Upanishads dealing with the religious rites that
contain the meaning of attaining true knowledge and moksh as
salvation.
Dr.P.V.Kanneinhisbook,HistoryofDharamshashtrasaidthat,Ifwe
want to see religion(Law) in a proper way, then we should analysis
ShrutiandSmritis.
2.SMRITIS:Means,WhatwasrememberedthussmritiswereSmritis
is known as golden era, because it is era when well organised
dependantontheremembranceofsaintsandtheeraofcreationofand
serialwisedevelopmentofHinduLawstarted.ItisthesecondImportant
sourceofHinduLaw.Itisoftwotypesfirstisprosestyleandtheotheris
ofpoetrystyle.Smritisaredividedintotwo:
i)Dharam Surtra : Dharam sutra are famous of Gautam, Buddhyan,
Apastamb,Harit,VishnuandVasith.
ii)DharamShashtra:ArefamousforManuSmriti,YagyavalkyaSmriti,
NaradSmritietc.Manusmritismadeof12chaptersand2694shlokas.
Yagyavalkya smriti is divided into 3 parts and is extremely clear, brief
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andorganised.NaradSmritibeingthelastsmiritiissuchfirstlegalcode
which mentions subjects related to Judicial process, courts and
Judiciary.
3.DigestandCommentaries:Thesearethethirdimportantsourceof
Hindu Law. The commentaries through professing and purporting the
rest on the smrities explains modified and enlarged tradition recorded
theretobringthemintoharmonyandaccordinglytopreventpracticesof
theday.Case:Atmaraov/sBajirao1935:ItwasheldthatDigestwriters
and commenters has given the statements of Smritis which can fulfil
the present requirements & ahead from smrities. The period of the
commentaries and digest is between 700 AD 1700Ad. The last
commentarywasVajantywrittenbyNandPandit.
4.CUSTOMS AND USAGES : These are considered an important
source of Hindu Law. Narad Smriti says that, Customs are powerful
they are above the religion. D.F.Mulla says that, Among the three
sourcesofHinduLawCustomandUsagearetheone.
AccordingtoHolland,Customisastepofgenerallyfollowedconducts
Asawayiscreatedovergressbyrepeatedwalkingsimilarlycustomis
createdinaccordancetotheconductofeverydaylife.
Case: Collector of Madurai v/s Mottaramlingam 1868: Privy Council
heldthatinHinduLawtheclearproofofcustomsshallbemorerelevant
thenthebasicepicsoflaw.
Case:Harparsadv/sShivDaya1816:Itwassaidthat,thecustomis
familyorparticularclassorareaowingoalongtradition.
Although codified law has given place to custom, but it is limited.
CodifiedHinduLawrecognisescustomonlywhenithasbeenexpressly
given a place. Custom under Hindu Marriage Act 1955 can be applied
overtwotopics:
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i)Any Marriage may be solicited by the customary tradition of the

parties.
ii)Divorcecanbeobtainedbeprevailingcustomorusageandamarried
maleoffemaleabovetheageof15yearscanbeadoptedascustomary
rules.
The Judicial Committee explained that, Custom is a rule which in a
particular family or in particular district has from long usage, obtained
theforceoflaw.
HindusageshaverecognisedgoodcustombindingontheHindu.Manu
says,InmemorialistranscendentLaw.
Customisdividedinthreeparts:
i)Localcustomii)Classcustomiii)Familycustom.
5.EQUITY,JUSTICEANDGOODCONSCIENCE:InIndiatheoriginof
equityistracedtheHinduperiodwhenjuristsexplainedtheoldlawand
gave new rules of interpretation and equitable solutions in cases of
conflict between the rules of various law. In case of a conflict between
therulesofsmritiesthatshouldbefollowedwhichisbasedonreasons,
justiceandprinciplesofequity.
Inviewoftheaboveobservationsanditspracticalapplicationitwill
not be incorrect to mention equity justice and good conscience as the
next source of Hindu Law. Actually Britishers not only established a
judicial system in India but also facilitated though the High Court
charters that wherever their is lack of lawful rules, their the decision
shouldbeontheprinciplesofequity,justiceandgoodconscience.
Case : Gurmukh Singh v/s Kamla Bai 1951: It was held that, Where
theirislackofrulesofHinduLawoveranysubject,therecourtshould
pronounce their decision on the basis of principle of equity, justice and
goodconscience.
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6.PRECEDENT:Itisanimportantsourceoflaw.ItmeansheJudicial
decision over any disputed matter which shall be guideline for the
dispositionoffuturesimilardisputedmatters.Generallythedecisionof
SupremeCourt,HighCourt,PrivyCouncilhavetheeffectofprecedent
overthesubordinatecourt.
TheimportanceofPrecedentasasourceofHinduLawcanbe
understoodfromtheexamplethatifwehavetolookintotheimportance
ofcustomandUsagesinHinduLaw,thenweshallhavetoanalysethe
case:CollectorofMaduraiv/sMottaramlingam,itispertinenttomention
herethattherearecertainrulesfortheapplicationofprecedentlike:
i)The decision of Supreme Court is binding over all the subordinate
courts.
ii)ThedecisionofSupremeCourtisbindingtoitssubordinatecourts.
iii)ThedecisionofPrivyCouncilisbindingoverallHighCourtsprovided
that it has not be over ruled by the Supreme Court. Case: Pandurang
KaluPatilv/sStateofMaharashtra2002.
7.LEGISLATION : The last important source of Hindu Law is the
legislation. Their source has originated after the establishment of
English State in India, when English rulers started enacting several
laws. Laws were enacted in accordance to the state, time and
circumstances,therewereamendedtoo.Todaymostofthesubjectsof
HinduLawhasbeencodified.SomeoftheimportantActsinthisrespect
are:
1.HinduWidowRemarriageAct1856.
2.PreventionofChildWidowAct.1929.
3.HinduWomensrighttoPropertyAct.1930.
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4.Hindu Womens right to Seperate Residence and Maintenance Act

1946.
5.HinduSuccessionAct1956
6.HinduMarriageAct.1955
7.HinduAdoption&MaintenanceAct.1956
8.HinduMinorityandGuardianshipAct1956.
Question No.3: Discuss the main principles on which Mitakshara and

DayabhagaschoolsofHinduLawdifferfromeachother.
OR
What are the various schools of Hindu Law? Differentiate between
MitaksharaandDayabhagaSchools.
Answer:INTRODUCION:AsweknowthatHinduLawistwotypes:
1.CodifiedHinduLaw
2.UncodifiedHinduLaw.
1.ThecodifiedHindulawappliestoallHinduequallywhereastheun
codified Hindu Law the situation is different. The application of Un
codified Hindu Law depends upon the context of different schools. As
perthecontextofschools,HinduLawisoftwotypes:
1.MITAKSHARASCHOOL
2.DAYABHAGASCHOOL
TheMitaksharaschoolhasfurtherthefollowingsubschools:
a)BanarasorVaranasisubschool.
b)MithilaSubschool.
c)MaharashtraorMumbaisubschool.
d)DravidorMadrassubschool.
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e)Punjabsubschool.
SCHOOLSOFHINDULAW
MITAKSHARASCHOOLDAYABHAGASCHOOL
BanarasMithilaMaharashtraDravidPunjab
Case:CollectorofMadraiv/sMottaramlingam1868:Itwassaidthat,
There is only one remote source among the various schools of Hindu
Law,butduetodifferentbeliefsofDigestanditscommentariesseveral
schools and sub schools of Hindu Law have developed.There are
mainlytwocausestodifferentiatebetweenseveralschoolsofHinduLaw
:1 .Different Customs and Usages prevail in different parts of the
country.2. These different areas are governed by different Digest and
Commentaries.
MIKAKSHARASCHOOL
The name of this school came from the Digest Mitakshara of
Vigyaneshwa. The area of its application is whole India excluding the
Assam State. Case : Rohan v/s Laksman 1976. It was held that the
effect of mitakshara school is so strong that it also applies to even
undescribedsubjectsinBengalandAssam.
SubSchoolsofMitakshara
a)Banaras SubSchool : The area of Banaras sub school is complete
North India, rural area of Punjab, south Bihar, Orissa and few parts of
Madhya Pradesh. The important books concerning to this are
MitaksharaofVigyaneshwa,VeerMitrodaaandNiranayaSandhuofMitr
Mishra.
b)Mithila sub school : Area= Tirhut and few districts of North Bihar.
BooksareVivadhChintamaniandVivadhRatnakar.
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c)Maharashtrasubschool:ItisalsocalledasMayuksubschool.Area
ofthissubschoolisMaharashtra,Saurashtra,MadhyaPradeshandfew
parts of Andhra Pradesh. Books are Vyavhar Mayuk, Veer Mitradaya
andNirnayaSandhu.
d)Dravid sub school : The whole south of India, i.e. Madras, Kerala,
Mysore. Books are Smriti Chandrika, Parashar Madhviya, saraswati
Vilas,VyavharNiranaya.
e)Punjab sub school : Area of the school is Punjab, Rajasthan,
JammuKashmir.ThissubschoolemphasizedonCustomsandUsages.
BooksareDigestonYagyavalkyaSmritiwrittenbyAprak,Mitakshara&
VeerMitrodaya.
DAYALBHAGASCHOOL
ItsnamecamefromtheDigestDayabhagaofJimuthvahan.Theareaof
itsapplicationisBengalandAssam.TheperiodofwritingofDayabhaga
isconsideredtobe10901130A.D.Dayabhagaismainlyonessayon
partitionandsuccession.
DIFFERENCEBETWEENMITAKSHARADAYABHAGASCHOOLS
Theabovetwoschoolshastheprincipallydifferencesontwosubjects:
1.INHERITANCE
2.JOINTFAMIY&COPARCENARY.
1.MITAKSHARASCHOOL:i):I)InheritanceinMitakashaaraisbased
on relation by blood. 2. A relative by blood receives succession in
propertywhichisthebasicprincipleofHindusuccessionlaw.3.Women
have been excluded in succession. 4. Agnates supersedes the
cognates.5.The area of its application is whole India except Assam
State. The coparcenary evolves with the birth of a son. Property over
which all coparceners have similar ownership. 5. No coparcenary can
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say before partition that he is the owner of that particular property.

Coparcenaryhasbeenrecognisedbythisschool.
2.DAYABHAGA SCHOOL : i) 1. The succession of property in
Dayabhaga school based on spiritual principles. 2. In this school
successor of property is such person who earns maximum peace and
religious profit for the soul of deceased by performing Pindadaan &
religious rituals etc. 3. This law is liberal because few women and
cognates can also receive property in succession, but after passing of
HinduSuccessionActthishasbeenceased.4Thecoparcenaryevolves
afterthedeathofthefather.InDayabhagaschoolthesonhasnoright
during the lifetime of the father.5. On the death of a Hindu Person his
property shall devolve among his heirs on the basis of succession.6.
Coparcenaryhasbeenrecognisedbythisschool.
***********
Question:4DiscusstheessentialsofavalidHinduMarriageunderthe
HinduMarriageAct,1955.
OR
WhatisthenatureofHinduMarriage?Whataretheessentialconditions
ofavalidHinduMarriage?
Answer:INTRODUCTION:MarriageinHinducultureisconsideredto
be a sacred ritual. The relation of husband & wife is considered to
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madefarseverallifetimes.Onceapersonentersintomarriageitcannot
thenbeeasilydissolved.Bothhavetospendtheirliveswitheachother.
Itisreasonthatwifeiscalledthesecondhalf.
ThereareseveralsynonymsinHinduDharamshashtras
far husbandwife, husband is also known as Bhartar, Swami because
hemaintainshiswifeandwifeishisresponsibility.Heisalsocalledthe
Parmeshwar because the greatest duty of wife is the service of her
husband. Similarly wife is called Jaya because child is born through
her. Wife is also called Lakshmi she is the best friend of husband.
Everypersonisrequiredtomarrynotonlyforchildbirthbutalsoforthe
performance of religious and spiritual duties and to release the father
fromhisdept.
ESSENTIALCONDITIONSOFVALIDHINDUMARRIAGE
Section5ofHindumarriageact1955mentionsessentialconditionsof
marriage,whichareasunder:
i)Either of the parties at the time of marriage shall not have a living
husbandorwife.
ii)Either of the parties at the time marriage shall not be unsound mind
effectedorretardedofmentaldevelopment.
iii)Maleshallbeof21yearsandfemaleof18yearsofageatthetimeof
marriage.
iv)Unless both the parties are governed by their custom or usage the
marriage shall not occur between parties under degrees of prohibited
relationship.
v)Unless both the parties are governed by their custom or usage the
marriageshalloccurbetweenpartiesrelatedtoeachotherbysapinda.
Section7oftheActalsomentionsanotherconditionforvalidmarriage.
According to it, marriage shall be solemnised according to customary
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tradition and rituals. Where saptpadi is necessary it required to be

performed compulsoryily. Case : Sujeet Kaur v/s Garja Singh 1994, it
wasproved.ButinthecaseofNilabbaSomnathTarapurv/sDivisional
ControllerKSRTCBijapur2002,itwasheldthatwheresaptpadiisnot
necessaryaccordingtotraditionandritualsthereamarriagesolemnised
withoutSaptpadishallalsobevalid.
Section8oftheactisprovidesfortheregistrationofmarriagebutitis
notnecessaryalthoughKangawaiv/sSaroj2002,Itwasrecommended
tomaketheregistrationofMarriagenecessary.
Now there are some slight changes have been made in the Hindu
MarriageAct,1955andcertainconditionshasbeenimposedfaravalid
marriagewhichgivesitafarmofagreement:
1.Thepartiesofmarriageshallbemajori.e.maleshouldbeabove21
yearsofageandfemaleshouldbeabovel8yearsofage.
2.Bothpartiesshouldbeofsoundmind.
3.Provisionofdissolutionofmarriage.
4.Saptpadinotnecessary.
HowevertherearecertainprovisionofHinduMarriageAct,1955which
makesitsacredinitsnature:
1.Marriageofminorshallnotbeconsideredtobevoidorvoidable.
2.Unsoundnessshallnotbethegroundofvoidmarriage,rathershallbe
forvoidablemarriage.
3.Thelaw&procedureofdissolutionofmarriageisnotsimple.
4.WhereSaptpadiisnecessaryithastobeperformed.
5.Castebasedcustomsandusageinmarriagearerecognised.
6.Marriagenotallowedamongsapindaprohibitedrelations.
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Astothequestionofmarriagewhenthereisalreadylivinghusbandor
wife.ItwasheldinthecaseofRampyariv/sDharamdas1984:thatif
anyoneperformssecondmarriagewhenthereisalreadylivinghusband
orwife,thensuchmarriageshallbevoid.
EFFECTOFVOILATIONOFCONDITIONS
If the conditions of valid marriage are violated then it shall have the
followingeffects:
1.i)Whenatthetimeofmarriagethereislivinghusbandorwifeofany
party.
ii.WhenpartiesofmarriagefallwithinSapindareation.
iii. When parties of marriage fall within degrees of prohibited
relationship.
2.If at the time of marriage if any one is unsound mind effected or
retardedofmentalgrowththensuchmarriageshallbevoidable.
3.Ifessentialconditionofageastomarriagehasbeenviolatedthenit
shallbepunishableundersection18oftheAct,butsuchmarriageshall
neitherbevoidnorvoidable.
ARYASAMAJMARRIGE
Such marriages have been recognised under Arya Samaj Marriage
ValidificationAct1937.
SECONDMARRIAGEINCASEOFLOSTPARTY
Severaltimesaquestionarrisesthatifanypartytomarriagehasbeen
lostthenwhethersecondpartycanenterintosecondmarriage?
Section13(1)(vii)ofHinduMarriageAct1955hastobeanalyzedinthis
respect. It provides that it nothing has been heared about the living or
nonlivingofanypartytothemarriageduringtheperiodofsevenyears
or more, then a decree of dissolution of marriage could be passed on
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thisground.Thusasecondmarriagecouldbeperformedafterobtaining
thedecreeofdissolutionofmarriageonaboveground.Infactaperson
unknownfaraperiodofsevenyearsormoreisconsideredtohavecivil
death.
Thus at present circumstances the nature of marriage is neither
completelysacrednorcompletelyagreement.Itisamixtureofboth.It
consistofboth.
Q.No.5Distinguishbetweenvoidandvoidablemarriage?
OR
WhatismeantbyVoidandVoidableMarriage?
Answer: INTRODUCTION: Section 11 & 12 of Hindu Marriage Act,
1955providesfarvoidandvoidablemarriagerespectively:
VOIDMARRIAGE
Section 5 of the Hindu Marriage Act 1955 mention about the essential
conditionsofavalidmarriage.Itcontaincertainsuchconditionswhichif
violated shall result into a void marriage. Section 11 of the Act had
consideredfollowingmarriagetobevoid:
1.Whereatthetimeofmarriageanypartyhasalivinghusbandorwife.
2.Wherepartiestothemarriagefallwithinsapindarelationship.
3.Where parties to the marriage come with degrees of prohibited
relationship
Acase:Rampyariv/sDharamdas1984:ItwassaidbyAllahabadHigh
Courtthatanapplicationfordeclaringamarriagevoidisnotrequiredto
bepresentedbythevictimonly.
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Another case : Leela v/s Lakshmi 1968: It was held that void marriage
doesnotrequireeventhedecreeofacourt.
VOIDABLEMARRIAGE
Section12oftheActmentionaboutvoidablemarriage.Accordingtoit,
in case of marriage being voidable, the court may decae it Null under
followingconditions:
1.Wheremaritalcohabitationhasnotoccurredduetoimpotencyofthe
respondent.
2.Whereatthetimeofmarriageanypartyfailedtogivevalidconsent
duetounsoundnessorhasbeeneffectedbymentalretardnesstosuch
extent that he is incapable to marriage and giving birth to child, or
suffersfromfrequentinsanityorisinsane.
3.Where the consent of guardian is necessary for the marriage and
such consent has been obtained by force or by fraud as to nature of
ritualsoranyactualfactsorcircumstancesastotherespondents.
4.Where the respondent is pregnant at the time of marriage from a
personotherthantheapplicant.
Hereisimportantthatifmarriageisvoidableonthegroundofconsent
obtained by fraud as force, then such marriage shall be declared null
onlywhen:
(a)The applicant is presented within one year from the date of
knowledgeoffraudasforceused.
(b)Thepartieshavenotlivedashusbandandwifeaftertheknowledge
offorceusedorfraud.
Similarly if the marriage is voidable due to the pregnancy of wife then
suchmarriageshallbedeclarednullonlywhenthecourtissatisfiedthat
:
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(a)Theapplicantwasunawareofthepregnancyofthewifeatthetime
ofmarriage.
(b)IfthemarriagehasbeensolemnisedbeforethisActcameintoforce,
thentheapplicationshallbepresentedwithinoneyearfromthedateof
enforcementoftheActorifthemarriagehasbeensolemnisedafterthe
act came into force then the application shall be presented within one
yearfromsuchmarriage.
(c)Theapplicanthasnotvoluntarilycohabitatedaftertheknowledgeof
pregnancyofwife.
(d)Wifehadbeenpregnantfromapersonotherthentheapplicant.
(e)Shewaspregnantbeforethemarriage.
IMPOTENCY
Impotencymeanstheincompetencyofanypartytocohabitduetoany
physical or mental situation. A case Digvijay v/s Partap Kumai 1970
andBibiv/sNath1970:Itwasheldthatnullityofmarriagerequiresthe
existenceofimpotencyatthetimeoffirstcohabitation.
UNSOUNDNESS:AcaseofRatneshwariv/sBhagwati1950:Itwas
said that unsoundness insanity or lunacy for the purpose of marriage
means: The incompetency of any party to marriage to understand the
ritualsofmarriage.
FRAUD OR FORCE : Concealment of caste religion or
misrepresenting a mother as a vingin or false praising or concealing
priormarriageetc.,aregoodexampleoffraud.
LEGITIMACYOFCHILDBORNINVOIDABLEANDVOIDMARRIAGE
Sectionl6providesforthelegitimacyofchildborninvoidandvoidable
marriages. According to it, it can be said that such children are
consideredlegitimate.Section16says:Whereanydecreeofnullity
has been passed regarding marriage under section 11 & 12 then any
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child having born or being in mothers womb before the decree, if the
marriageinsteadbydecreeofnullitytodeclarenullorvoidwouldhave
been breached shall have been the legitimate child of the parties to
marriage,shallbedeemedtobelegitimateevenafterpassingofdecree
of nullity. Such children does not obtain any right in the property of
persons other than his own parents i.e such children shall not inherit
property from any other relative other than the parents. A case :
Bansidharv/sChabi1967:Itwasheldthatthechildrenfromvoidand
voidablemarriageshallbedeemedtobethelegitimatechildrenoftheir
parents.
VOIDMARRIAGEVOIDABE
MARRIAGE
Itisvoidabinitio.Itisvalidmarriageuntilithas
notBeendeclarednullbya
decree.
No marital rights and obligation arrised between the parties of void
marriage. All marital rights and obligation exists till the marriage is
valid.
Void marriage does not require the decree of court to declare it null.
Voidablemarriagecanbedeclarednullonlybythedecreeofcourt.
Parties to void marriage can remarry again. Parties to voidable
marriage cannot remarry till the prior the marriage has not been
declarednullbyadecree.
Wife is not entitled to get maintenance under section 125 of CCP in a
void marriage. A case of Yamuna Bai Anantrao v. Anantrao Shivram,
1988.Wifecanclaimmaintenanceinvoidablemarriage.
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QuestionNo.6:Discussthegroundsforobtainingadecreeofdivorce.
On what special grounds a Hindu Wife can claim a decree of divorce
against her husband under the provision of the Hindu Marriage Act,
1955.
Answer: INTRODUCTION :Judicial Separation and dissolution of
marriagearetwoimportantmatrimonialremedies.Itmeanssuspension
of marriage relation and dissolution means suspension of termination.
Any party of the marriage can present an application for judicial
separation and dissolution of marriage. Both these have been
mentionedinsection10and13ofHinduMarriageAct1955.
It is pertinent to mention here that although the grounds of
Judicial separation and dissolution of marriage may be the same but
they are different. Dissolution of Marriage terminates the marriage, no
marital relationship exist between husband and wife. Their duties &
matrimonial rights also ceased. They can remarry also. Whereas in
Judicial Separation neither marriage terminates nor matrimonial
relationshipceasesonlytherelationsgetsuspended.
GROUNDS OF JUDICIAL SEPARATION &DISSOLUTION OF
MARRIAGE
Section10oftheActprovidesforjudicialseparationwhereas
section 13 of act provides for dissolution of marriage (divorce). Earlier
grounds for above purposes were different but after the amendment of
HinduLawAct1976madethegroundsofbothassame.
Grounds:Section13ofHinduMarriageAct1955mentionstheground
for Judicial separation and divorce. These grounds can be divided into
threesuchas:
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1.Groundsavailabletobothhusbandandwife(Section13(i).
2.Groundsavailabletowifeonly(sec.13(2).
3.Groundofmutualconsent(sec.13B).
GROUNDSTOBOTHHUSBAND&WIFE
Section 13(1) of the Act mentions the following grounds on which both
husbandandwifecanpresentanapplicationfordivorce:
i)When other party after the solemnisation of the marriage had sexual
intercoursevoluntarilywithpersonotherthanhusbandorwife.
ii)When other party after the solemnisation of the marriage, had
behavedwithcrueltywithhusbandorwife.
iii)When the other party prior to two or more years from the date of
presentationofapplicationhaddesertedtheapplicant.
iv)WhentheotherpartydoesnotremainHinduduetoconversion.
v)Whentheotherpartyisofunsoundmindorisfrequentlyorregularly
and upto such limit, affected by mental retardness that the applicant
cannotreasonablebebelievedtolivewiththerespondent.
vi)Whentheotherpartyissufferingfromincurableleprosy.
vii)Whentheotherpartyissufferingfromveneraldiscease.
viii)WhentheotherpartyhasdeclaredRenunciationofworld.
ix)Whentheotherpartyislivingornot,hasnotbeenhearedbythose
foraperiodof7yearsormore,whowouldhavehearednaturallyifthat
partywouldhavebeenliving.
x)When the cohabitation has not resumed between the parties to
marriageaftertheexpiryofoneyearormorefromthedateofdecreeof
judicialseparation.
xi)Whentheconjugalrightshasnotbeenresituatedwithinoneyearor
morefromthedateofdecreeofrestitutionofconjugalright.
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GROUNDSAVAILABLETOWIFEFOROBTAININGDIVORCE
Undersection13(2)ofActwhichprovidesthosegroundsonwhichwife
onlycanpresentanapplicationfordivorce.Theseareasunder:
1.IncaseofmarriagesolemnisedpriortothepassingofHinduMarriage
Act, the husband had remarried and living second wife with whom he
had married prior to such passing provided that in both cases the
secondwifewaslivingatthetimeofpresentationofapplication.
2.When after the solemnisation of marriage the husband had been
guiltyofrapesolomyorbestiality.
Wheninasuitundersection18ofHinduAdoption&MaintenanceAct,
1956,orinaproceedingundersection125ofCPC1973,adegreeora
order had been passed against the husband for the payment of
maintenancetothewifeevenwhenshelivedseparatelyandafterthe
time of issuing such degree or order the cohabitation had not been
resumedbetweenthepartieswithinaperiodofoneyearormore.
3.Whenwifehadmarriedatatimewhenheragewasbelow15years
andsheafterattainingtheageof15yearsbeforeattainingtheageof18
years,hadrepudiatedthemarriage.
DIVORCEBYMUTUALCONSENT
Hindu Marriage (Amendment) Act 1976 added another section 13A to
Hindu Marriage Act 1955 to provide mutual consent as a ground for
divorce. According to it both the parties to the marriage can jointly
presentanapplicationfordivorceonthegroundofmutualconsentinthe
situationsmentionedbelow:
a)Whenhusband&wifehadbeenlivingseparatelyforaperiodofmore
thanoneyear.
b)Theyareincapableoflivingtogether.
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c)Theyhaveaccepteddivorcebymutualconsent.
****************
Question No.7: Explain the terms Desertion & Cruelty as ground of

divorce?
Ans : INTRODUCTION : Section 13 of Hindu Marriage Act 1955
mentions the various grounds of divorce. Out of these grounds
DesertionandCrueltyarealsothegroundsfordivorce.Theprovisions
have been made in section 13(1)(ii) for cruelty and section 13(1)(iii)
providesdesertion.
DESERTION
Meansapartytoamarriagepermanentlyleavestheotherpartywithout
anyreasonandwithouthisconsent.Thisalsoincludeignoringofone
partybytheother.Thusdesertionisnotabandonmentofplace,butisof
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situation. When situation of desertion continues for more than two

years,thenitshallbethegroundofdivorce.
A case of Savtri Pandey and Premchand pandey 2002: The Supreme
Court held that, the desertion means ignorance from matrimonial
duties, instead of leaving any place. Desertion requires existence of
cohabitationbetweenthepartiesearlier.
Desertionismainlyoftwotypes:
1.Actualdesertion
2.Constructivedesertion.
ACTUAL DESERTION: Actual desertion consist of the following
elements:
a)Factofdesertion.
b)Intentionofdesertion.
c)Desertionwithoutanyreasonablecause.
d)Desertionwithouttheconsentofapplicant.
e)Desertioncontinuesfortwoyears.
Actual desertion mainly requires two essential things: Respondent
abondousmatrimonialhomeandthereisintentionofdesertion.Thisis
also called physical separation and Animus desertion. Case:
Vishwanathdasv/sMayabalaDas1994:thecourtheldthatthereshould
beintentionofdesertion.
Oneoftheimportantthingthatdesertionrequiresguiltbyone
of the parties i.e. desertion shall not be by consent. Case Gurubachan
Kaurv/sPritamSingh1998.InacaseofVipinChandraV/sPrabhawati
1957:isagoodexampleinthiscontext.Wifewasreadytolivewith
husbandbutthehusbandwasnotwillingtolivetogether.Thehusband
also send a telegram to the father of wife that read : Do not send
PrabhacourtdidnothelddesertionbyPrabhabecauseshewaswilling
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toreturntoherhusband.Thusinall,desertionrequiresabandonmentof
matrimonial home and a permanent intention of such abandonment.
Desertionisrequiredtobewithoutreasonablecause.
Another case of Roshan Lal v/s Basant Kumari 196768 Punjab: The
wifedoesnotagreetolivewiththehusbandalongwithhisparents.She
wanted that the husband should live separately leaving the parents for
which husband was not ready. Wife went to her parents. It was held
desertion.TheCourtheldthatIttobedesertionbythewife.
Hereitisimportantthatdesertionrequiresguiltybyoneoftheparties
i.e.desertionshallnotbebyconsentasstatedbytheCourtinthecase
ofGurbachanKaurV/sPritamSingh1998.
CONSTRUCTIVEDESERTION
As we have seen above, desertion does not mean abandonment of
place,ratherisabandonmentofsituation.Itisconstructivedesertion.In
other words, it can be said that desertion means not abandoning the
place, rather is ignoring the cohabitation. If any party to marriage
devoidstheotherpartyfromcohabitationevenwithlivinginonehouse,
itshallbedesertion.
Here, it is important that if any party to marriage behaves in such
mannerswiththepartythatitbecomesdifficultfortheotherpartytolive
in matrimonial home or is compelled to leave the matrimonial home,
then it shall be considered to be desertion by the first party. (Jyotish
Chandrav/sMeera1977,AnilKumarv/sShefali1977,Omprakashv/s
Madhu,1997)
Thedesertionmayterminateinfollowingthreesituation:
1.ResumeMaritalLife
2.ResumeCohabitation,or
3.Expresswillingnesstoreturnbacktohome.
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Cruelty:itisanimportantgroundforjudicialseparationanddivorce.If
any party to marriage behaves with cruelty to the other party, then the
otherpartycanpresentanapplicationfordivorceagainstthefirstparty
onthisground.
DefinitionofCruelty:Crueltyhasnotbeenuniversallydefinedtillnow.It
dependsuponthecircumstancesofthecaseandthecountryandtime.
Russel v/s Russel, 1897 Cruelty has been described as such
characterial behaviour or conduct which may put life and body under
physical or mental form of danger or may arise apprehension of such
danger.
Ifthedefinitionisunderstoodinmatrimonialcontext,itshallshowthat
anypartytomarriagemaybehavewithotherpartyinsuchmannerthat
itshallbedifficultforotherpartytolivewithhim,thisshallbecruelty.
Vinod Biswal v/s Tikli Urf Padmini Biswal, 2002 it has been held that
husbandalongwithhisparentsusetoregularlybeatthewife.Fatherin
lawphysicallymisconductedwithher.Husbandnevewenttobringback
wife nor made any attempt towards it. Court held this behaviour of
husbandtobecrueltybecausesuchcircumstancesarosethatitbecame
difficultforwifetolivewiththehusband.
SimilarcaseisYadhisterSinghv/sSmt.Sarita,2002wifeusedtolive
atancestralhomeofhusband.Husbandwasworkingsomewhereelse.
Husbandneverwantedtokeepwifealongwithhim.Heusedtocomeat
hisancestralhomeonceaweek.Hedidnotusedtosayhiswifethathe
didnotlikedher,buthedidsaythatsheshouldliveonlywiththeother
membersoffamilyattheancestralproperty.Courtheldittocruelty.
There are several cases of cruelty. Actually the definition of cruelty
dependsuponthecircumstancesofthecase.
TypesofCruelty:
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a.PhysicalCruelty.
b.MentalCruelty.
Kusumv/sKamata,1965,itwassaidthatthedefinitionofcrueltyisso
widethatitincludesbothphysicalandmentaltypeofcruelty.
PraveenMehtav/sIndrajeetMehta,2002,theSupremeCourtsaidthat
MentalCrueltyisastateofmindandfeelings.Inthiscase,wiferefused
intercourse form the first day after marriage. She also refused to
undergomedicalexamination.Sheusedtomisbehavealwayswithher
husband.Shealsolefthermatrimonialhome.Courtheldittobecruelty
bywifetowardshusband.
Rakesh Sharma v/s Surbhi Sharma, 2002 Wife left the matrimonial
home without the permission of the husband. She used to charge
husband with adultery and making constant demand of dowry. Court
heldittobeaconductofmentalcrueltytowardshusband.
Shobha Srinivas v/s Srinivas Veranna, 2002, Court did not considered
suchasingleactofwifeascrueltyinwhichtheilliteratewifeemotional
angerthrewtheMangalSutra.
Inall,itmeansthatcrueltyisdeterminedbythefactsandcircumstances
ofeverymatter.
Ques:Valid Adoption under Hindu Adoptions and Maintenance Act,

1956
Introduction: Section 6 of the Hindu Adoptions and Maintenance Act,
1956 provides the requisites of a valid adoption. The person adopting
has the capacity and also the right to take in adoption. 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
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compliance with the other conditions mentioned in Chapter II of the

HinduAdoptionandMaintenanceAct,1956.
Noadoptionshallbevalidunless:
1.The person adopting has the capacity and also the right to take in
adoption.
2.Thepersongivinginadoptionhasthecapacitytodoso.
3.Thepersonadoptediscapableofbeingtakeninadoption:and
4.The adoption made in compliance with the other conditions
mentioned in Chapter II of the Hindu Adoption and Maintenance Act,
1956.
AccordingSection5oftheAct,anadoptionmadeincontraventionofthe
provisions of Chapter II of the Hindu Adoptions and Maintenance Act,
1956 is void. In Jai Singh v/s Shakuntla, 2002 the Supreme Court
opined that Section 16 of the Hindu Adoptions and Maintenance Act,
1956envisagesastatutorypresumptionthatintheeventoftherebeinga
registered pertaining adoption, adoption would be presumed to have
beenmadeaccordingtolaw.
1.CapacityofamaleHindutotakeinadoption
AccordingSection7ofHinduAdoptionandMaintenanceAct,1956any
maleHinduwhoisofsoundmindandisnotaminorhasthecapacityto
takeasonoradaughterinadoption.ButifthemaleHinduhasawife
living at the time of adoption, he shall not adopt except the consent of
hiswife.ButtheconsentofthewifeofamaleHinduisnotnecessaryin
thefollowingthreeconditions:
thewifehascompletelyandfinallyrenouncedtheworld,or
thewifehasceasedtobeHindu,or
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thewifehasbeendeclaredbyaCourtofcompetentjurisdictiontobe
unsoundmind.
If a man has more than one wife living at the time of adoption, the
consent of all the wives must be obtained. The Act has given two
qualificationforamaleHindutocapabletotakaachildinadoptioni.e.
thepersonmustbeofsoundmindandhemustnotaminor.Themanis
required to take consent of the wives or wife, before adoption. Without
theconsentofwifeorwivestheadoptionwillbevoid.
2.CapacityofafemaleHindutotakeinadoption
Nowafemalehasalsothecapacitytoadoptanychild.Section8ofthe
Act provides that any female Hindu who is of sound mind, who is not
minor and who is not married or if married, whose married has been
dissolvedorwhosehusbandisdeadhasthecapacitytotakeasonor
daughterinadoption.
A woman who is of sound mind and is not a minor can take child in
adoption. 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. The unmarried and widow woman
hasalsotherighttotakeinadoptionanychild.
3.Personcapableofgivinginadoption
Section9oftheActdownthecapacityofperson,whomaygivethechild
in adoption to another. No persons except the father or mother or the
guardianofthechildshallhavethecapacitytogiveinadoption.
Capacity of the father to give in adoption : If the father is alive, he
shallalonehavetherighttogiveinadoptionbutsuchrightshallnotbe
exercisesavewiththeconsentofthemother.
Capacityofthemothertogiveinadoption:Themothermaygivethe
child in adoption if the father is dead or had completey and finally
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renouncedtheworldorhasceasedtobeaHinduorhasbeendeclared
byacourtjurisdictiontobeunsoundmind.
Capacity of the guardian to give in adoption : Where both the father
andmotheraredeadandtobeunsoundmindandfinallyrenouncedby
theworlddeclarebythecourtthentheguardianofachildmaygivethe
childinadoptionwiththefollowingconditionslaiddownbythecourts:
oThattheadoptionwillbeforwelfareofthechild.
oThat the applicant for permission has not received any payment in
considerationoftheadoption.
oThat no person has given any payment to the applicant for
considerationoftheadoptionofchild.
The father has preferential right to give the child in adoption. If he is
unsound mind or suffering from chronic disease has the right to give a
child in adoption. The guardian may give the child in adoption with the
priorpermissionofthecourt.
4.Who can be adopted: Section 10 of the Hindu Adoption and
MaintenanceAct,1956thefollowingpersonwhofulfiltheconditionsare
capableforadoption:
a)HeshouldbeHindu.
b)HeorShenotalreadybeadoptedanychildadopted.
c)HeorShehasnotbeenmarriedunlessthereisacustomapplicable
whichpermitsbeingcanadopt.
d)HeorShehasnotcompletedtheageoffifteenyearswhichistobe
consideredbeingtakenforadoption.
5.FormalitiesofAdoption:(i)Thechildtobeadoptedmustbeactually
givenandtakeninadoptionbytheparents/guardian.
(ii) Only after the transfer of a boy from one family to another with a
ceremonywillbevalid.
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ReferacaseofLakshmanSinghKothariv/sSmt.RupKuwar,1961the
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
doingtheceremonyofgivenandtaken.
Question:ExplainthepowersofKartainajointHinduFamily?Whether
he can mortgage the undivided shares of other coparceners in the
property.
Answer:INTRODUCTION:Thepositionofkartanajointhindufamily
isunique.Heisthatpersonwhotakescareofthewholefamilyandits
property and admininsters it and all the members of family remained
disciplined under him. It has been said regarding the position of karta
that no one else is equivalent to him in the family. The position and
powersofthekartaaremorewidethananyone
POWERSOFTHEKARTA
1.Hehasthecompletecontroloverthefamily.
2.No one can claim accounts from him nor can say to him to spend
less.
3.Thereisnobindingoverhimthathowmuchheshallspendoverany
coparcener.
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4.It is within his power to whom he may educate and whom he keeps
illiterate.
But this does not mean that he is dictator. His position is extremely
sensitive.Hehastomovealongwithallthemembers.Thustheposition
of the karta is mixture of rights and duties. He has to maintain the
controlbetweenrightsandduties.
WHOCANBEAKARTA
1.HinduLawbelievesthattheseniormostcoparceneristheKartaofthe
family.RefercaseofRamv/sKhera1971.
2.AnycoparcenerbecomesKartaoffamilybecauseofhissenioritynot
becauseofanyoneappointedhim.ReferacasetothiseffectMannV/s
Jayani1918itwasheldthatsuchapersontillhelivescontinuesasthe
kartaofthefamilyalthoughhemaybeaged,handicapped,weekorill.
3.However any karata becomes unsound mind then the seniormost
coparcenerwouldbecomethekarta.
WHETHERAJUNIORMOSTCOPARCENARBECOMESKARTA.
1.GenerallyitdoesnothappenbutinacaseofNarenderaKumarV/s
Intcome Tax Commissioner1976, it was held t hat a junior coparcener
canbethekartawiththeconsentoragreementofallthecoparceners.
In another case of Harihar Sethi V/s Ladu Kishore Sethi 2002, it was
held by the Orisa High Court that junior coparcenar can be the karta
whentheseniormostcoparcenerwaiveshisrightofkartathenajunior
membercanbecomeKarta.
WhethermothercanbecometheKarta.
In case of Pandurang V/s Pandurang 1947 it was held by the Nagpur
High Court that the mother can become Karta if their is no other adult
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coparcenerheretheSupremeCourtdoesnotagreetothisviewincase
ofCommissionerofIncometaxVsSethGovindRam1986.
The Karta of Joint Hindu Family at a time can only one not more, but
withtheconsentofothercoparcenertherecanbemorethanoneKarta:
referacaseofMudritvsRanglal1902andShankarv/sShankar1943.
THERIGHTSOFKARTA
1.Rightofmanagemnt:Hehastherighttomanageallthedutiestrade,
businessindustryetc.,noonecanchallengehim.
2.Right over Income : The income of the family remains under his
control.Hemayspendaspertherequirements.
3.Right of Representation : He can represent the family in all types of
social,religious, legal and matrimonial matters. The decision of karta is
bindingoverall.Hecanfilesuit.Referacaseinthisregard:Fatimanisa
v/sRajGopalacharya1977.
4.Right to debt. : He can any debt for the requirement of the family.
Suchdebtsshallbetakenforlegalrequirementsofthefamily.Thekarta
canmortgageorpledgethepropertyoffamilyforthispurpose.
5.Rightofsettlement:Kartahastherighttomakeanhonestsettlement
onbehalfoffamily.Ifanysettlementismadenotingoodfaithitcanbe
challengedreferacaseofNayathambiv/sVijay1972.
6.Right of arbitration : He has right to solve the disputes of family
through arbitration see a case of Jangan Nath v/s Mannu Lal 1894 of
Allahabad.
7.Right of Acknowledgement: Karta has the right to acknowledge the
debts and making payment of interest but he cannot acknowledge the
timebarreddebts.
8.RightofAlienation:Hehastherighttoalienatethepropertyoffamily
andtakedebtforthefamilywiththefollowingconditions:
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i)Forthebenefitofthefamily.
ii)Forthefulfilmentofthelegalnecessaties.
Refer a case in this regard Devi Kishan v/s Ram Kishan 2002 It was
held by the Rajasthan High Court that the karta can Mortgage the
propertyofjointfamilyforlegalnecessities,butthefollowingmaynotbe
legalnecessaities:
i)DebtforchildmarriageviolatingchildmarriageprohibitionAct.
ii)Debtoverpropertyalreadymortgaged.
Question:WhocangivechildinAdoption?
Or
Whocangiveandtakeinadoption?
Answer : Section 7,8,9 and 10 of Hindu Adoption and Maintenance
Act1956providesthefollowingtermsforadoption:
1.CompetencyifHinduMaletoadopt.
2.CompetencyofHinduFemaletoadopt.
3.Personcompetenttogiveadoption.
4.Personwhocanbeadopted.
Alltheseabovecanbestudiedunderthefollowingheads:
1.WHOCANADOPT:Section7and8mentionthosepersonwhocan
adopt.Thesesectionhastwotypesofmethodsofadoptionbymaleand
adoptionbyfemale.
ADOPTIONBYMALE:
Section7providesthatanadoptionbymalerequiresthefollowingthree
conditions:
i)Suchmaleshallbeofsoundmind.
ii)Heismajor.
iii)Musthavetheconsentofhiswife.
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ThussuchHindumalecanadoptachildwhoismajor,soundmindand
hasobtainedtheconsentofhiswife.Iftheadoptionisperformedwithout
the consent of wife then such adoption shall be void. 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. If any wife
attend the adoption ceremony it shall be deemed to have given the
consentreferacaseofPrafulKumarv/sShashiBewa1990.
Itispertinenttomentionthattheconsentofwifeisnotnecessaryinall
circumstancesi.e.theconsentofwifeisnotnecessaryinthefollowing
conditions:
1.Whenwifehadrenouncedtheworld.
2.WhensheisnomoreHindu.
3.Whenshehasbeendeclaredunsoundbythecompetentcourt.
ADOPTIONBYFEMALE
Section 8 provides that any female can also adopt a child only when
suchfemalefulfilthefollowingconditions:
1.Isunmarriedorwidow.
2.Isamajor
3.Isofsoundmind.
Itisclearthatafemalecannotadoptuntilthehusbandisliving.Female
canadoptachildevenwhenthehusbandlivingonlywhen:
i)Thehusbandhadrenouncedtheworld.
ii)ThehusbandisnotmoreaHindu.
iii)Thehusbandhasbeendeclaredunsoundmindbyacourt.
Herearesomeimportantthingsthatifmalewantstoadoptafemaleor
viceversathentheagedifferencebetweenthetwoshallbeatleast21
years.
WHOCANGIVEADOPTION
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Section 9 mentions those persons who can give a child in

adoption.Thefollowingsareeligibleforgivingachildinadoption:
1.Father2,Mother3Guardianappointedbythecourt.
If a father gives a child in adoption the consent of mother shall be
required. The consent of mother shall not be required in following
situations:
1.Whenthemotherisrenouncedtheworld.
2.WhenthemotherisnomoreHindu.
3.Whenthemotherhasbeendeclaredunsoundmindbyacourt.
Generallyamothercannotgiveachildinadoptiontillthefatherisliving.
Amothercangiveachildinadoptiononlywhenthefollowingoccur:
1.Thefatherhadalreadydied.
2.Fatherisrenouncedtheworld.
3.ThefatherisnomoreHindu.
4.Thefatherhasbeendeclaredunsoundmindbyacompetentcourt.
Mothermeansonlythenaturalmothernotthestepmother.Stepmother
cannotgiveachildinadoption.ReferacaseofDharamrajJainv/sSuraj
Bai1973.
Aguardianappointedbythepermissionofcourtcangiveachildinthe
followingconditions:
1.Whenbothfatherandmotherhaddied.
2.Whentheyhaverenouncedtheworld.
3.WhentheydonotremainHindu.
4.Whentheyhavebeendeclaredunsoundmindbyacompetentcourt.
It is further to submit that the court will consider the following points
whilepermissionfortheadoption:
1.Theageofchild.
2.Knowledgeofthechild.
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3.Intentionofthechild.
4.Interestandwelfareofthechild.
5.Noconsiderationbytheguardianetc.
WHOMAYBEADOPTED.
Section 10 mentions that those persons who may be adopted.
According to the provisions such person may be adopted or may be
giveninadoption:
1.WhoisHindu.
2.Whohasnotalreadybeenadopted.
3.Who is not married where it has been permitted by the custom or
traditions.
4.Whoisnotabovetheageof15yearswhereithasnotbeenpermitted
bythecustomortraditions.
ThecaseofBalakrishnav/sSadashive1977,anothercaseofMayaram
vs Jai Naraian 1989 and Kodippa Rama Papal urf Shirke v/s
Kannappam 1990. It was held that where customs or traditions allow
thereapersonabove15yearsofageormarriedcanbeadopted.
Where as among Maharashtra School and Jains a person of any age
canbeadoptedrefercaseofBishanv/sGirish1986.
Another case of Dev Gonda v/s Sham gonad 1992, the Bombay High
Court held that any insane can also be adopted. Further any orphan
foundchildorabandonchildmaybeadopted.
*************
Question : Describe the rules of succession in the case of intestate

Hindufemaledyingintestate?
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OR
Explain the various rules regarding the distribution of the property of
Hindufemaledyingintestate.
Answer : INTRODUCTION : Section 14 of the Hindu succession Act
1956 had brought drastic change in concept of property of a female.
Now a female being considered to be complete owner of his property
providedthatatthetimeofimplementationofthisact:
1.SheisHindu.
2.Sheisliving
3.The property is in her possession. As regard to question of
possession is concerned the cases of Mangal Singh v/s Smt Ratnu
1967 and Monomayi v/s Upeshwari1994, it was held that such
possessionmaybeactualorconstructive.
SUCCESSIONOFPROPERTYOFFEMALE
Section15oftheActprovidesforthesuccessionofHindufemaledying
intestate. Section 15(1) distributes the heirs of deceased Hindu female
inthefollowingfiveclasses:
a)Sonsanddaughters(whichincludesthechildrenofpredeceasedson
ordaughter)andhusband.
b)Theheirsofhusband.
c)Fatherandmother.
d)HeirsofFather.
e)HeirsofMother.
Itispertinenttomentionherethatsonanddaughterincludesillegitimate
sons and daughters refer a case of R.A.Patil v/s AB redekar 1969.
Similarly it includes adopted sons and daughters but does not include
stepsons and stepdaughters a case may refer in this context
Gurbachanv/sKhecharSingh1971.
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WhenaHindufemaledyingintestatedoesnothaveanyheirsthenher
propertyshalldevolvewiththeStatereferacaseofPunjabv/sBalwant
Singh1991.
Howeverthepropertyoffemalecanbedividedintothreecategoriesin
respectofsuccession:
1.Propertyobtainedinsuccessionfromfatherormother.
2.Propertyobtainedinsuccessionfromhusbandasfatherinlaw.
3.Otherproperty.
SUCCESSIONOFPROPERTYOBTAINEDFROMPARENTS
Section 15(2) says that if any female had received property in
succession from her father or mother then such property shall devolve
firstlywithinhersonsanddaughter,andifthesonsanddaughtersdoes
notexiststhenitshalldevolveamongtheheirsoffather.Referacaseof
Mahadevappav/sGoraaamma1973
And another case of Bhagat Ram v/s Teja Singh1999, the Supreme
Court held that if any female receive property in succession from her
motherthensuchpropertyshallafterherdeathgotohersisterbutnot
totheheirsofherhusband.
A very good example in this content a case of Taramani v/s Narender
Kumar2002,thecourtheldthat,atthetimeimplementationoftheact
the unmarried daughter became the absolute owner of the property.
Therefore after her death the property shall not devolve among the
brothersoffather,rathershalldevolvetothemarriedsister.
SUCCESSION OF PROPERTY OBTAINED FROM HUSBAND AND
FATHERINLAW.
Section15(2)(B)oftheactprovidethatifanyfemalereceivesproperty
insuccessionfromherhusbandorfatherinlawthensuchpropertyshall
firstly devolve among her sons and daughters and in case of non
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existenceofhersonsanddaughtersitshalldevolveamongtheheirsof
husband.
SUCCESSIONOFOTHRPROPERTY
Excluding the property received in succession from parents and
husband or fatherinlaw all other properties shall devolve according to
thementionedheirsofsection15(1).Thegeneralruleofpreferenceis
thatpriorclassshallhavepreferenceoverthesubsequentclass.
ILLUSTRATION:Thepropertyreceivedinsuccessionfrombrothergifts
attimeofmarriageothergiftsetcshalldissolveunderthiscategory.
METHODOFDISTRIBUTION
Section 16 of the act mentions the method of distribution of property
among the heirs of Hindu female dying intestate. According to it, the
following method could be expressed in simpler words in the following
way:
1.Sondaughterandhusbandeachshallreceiveoneshare.
2.Sons and daughters of predeceased sons and predeceased
daughters shall receive that share which the predeceased would have
receiveifalive.
3.The heirs of the branches of predeceased son or predeceased
daughtershallreceiveshareequallyamongthemselves.
********************
Q. On what grounds can a Hindu wife claim maintenance from her

husband even while living separate form him. When her right to
maintenanceislost?
Ans:Introduction:UndertheHindusocietyandcultureitsisthedutyof
husband to maintain his wife. These duty is not legal only but moral
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also.AccordingtoManu,apersonhastomaintainhisparents,wifeand
minorchildrenevenafterdoing100wrongacts.
Section 18 of HA&M Act, 1956 accept this system and provides that a
Hindu wife whether married before or after the enforcement of this act
shallbeentitledformaintenancefromherhusbandduringherlifetime.
AcaseinthisregardofJayantiv/sAlamellu,1904,itwasheldthatitis
thedutyofhusbandtomaintainhiswifewithoutanyexcuseofshortage
offunds.AnothercaseMutyalv/sMutyal,1958,itwasheldthatawifeis
not entitled for maintenance when she leaves the house without the
consentofherhusband.
Groundofmaintenancewhilelivingseparately
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. Whoever
accordingtoHinduAdoptionandMaintenanceAct,1956alsomakesa
provision that a Hindu wife may also obtain a decree for separate
residence and maintenance from her husband under the following
grounds:
1.Desertion: Desertion as a ground for separate residence and
maintenance means the abandoning of the wife without reasonable
causeandwithoutherconsentoragainstherwish.UnderSection13(1)
of Hindu Adoption and Maintenance Act, 1956 the duration of the
desertion need not be a period of two years. It may be less than two
years.
2.Cruelty: If the husband treated his wife with cruelty and the wife
apprehensioninhermindthatitwillbeharmfullorinjurioustolivewith
him. It will be a ground of separate residence and maintenance. The
dutyhastoprovethefollowingfacts:
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Thatthehusbandtreatedherwithcruelty,
The cruelty was of such nature which she apprehended in her mind
thatitwillbeharmfullorinjurioustolivewithhim.
3.Leprosy:Ifthehusbandsufferingavirulentformofleprosyitwillbea
ground for wife to claim maintenance and separate residence. The
durationofleprosyisnotmaterial.
4.Keeping a concubine: If the husband keeps the concubine in the
samehouseinwhichhiswifelivingwithaconcubinethenthewifemay
claimseparateresidenceandmaintenance.
5.Conversion:IfthehusbandhasceasedtobeaHinduandconversion
toanotherreligionalsoagoodgroundforthewifetoliveseparateand
claimmaintenanceformhishusband.However,aJainconvertedtoSikh
itisnotagroundforwifetoclaimseparateresidenceandmaintenance.
6.AnotherWife:UnderpriorHinduLawpolygamywasallowed.Aman
might marry more than one wife. But in Hindu Adoption and
Maintenance Act, 1956 makes monogamy compulsory and abolished
bigamyonceforall.
7.Anyothercause:Ifthewifeisofimmatureageandislivingwithher
parentsshewillclaimmaintenanceformherhusband.
In a case Siraj Mohammad Khan v/s Hafizunnis, 1981, it was held by
theCourtthattheimpotenceofthehusbandamountstomentalcruelty
forthewife.Itwas,therefore,justgroundundersection125ofCR.P.C.
toclaimseparateresidenceandmaintenance.
Who are coparceners and what are there rights. Whether a daughter
who wants to remain unmarried can claim partition in the coparcenary
property?
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Ans:Introduction:InHinduLawjointHindufamilyandcoparcenayare
two different subject. Joint Hindu family is a wide concept. Whereas
coparcenary is limited. Joint HinduFamilyiscreatedbysuccessors,of
one ancestor their mother, wives, unmarried daughter etc. Whereas
coparcenaryiscreatedbyfather,son,Grandson,grandsonsson.Thus
thefollowingpersonsarecoparcener:
i.Father
ii.Son
iii.GrandSon
iv.Grandsonsson.
After the amendment of Hindu Succession Act, 2005 it is now
consideredthatdaughterascoparcenersandtheyshallhavetherightin
coparcenay property by birth. Coparcenary may exists even with
Grandfather,grandsonorgrandfathersfatherandgrandsonsson.
In a case Dashrath Rao v/s Ram Chandra Rao, 1961, the Court held
that the last member of coparcener should not be more than 4 degree
awayformtheancestor.
A
B(Son)C(Son)
M (Grandson) N (Grandson) P (Grandson) Q (Grandson) R
(Grandson)
X(Grandsonsson)Y(Grandsonsson)
RightofCoparcenars:TheCoparcenarsfollowingrights:
a.Coparcenarshaverightbybirthinthepropertyofcoparcenay.
b.Coparcenarscandemandpartitionofthecoparcenaryproperty.
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c.Coparcenars have joint ownership and possession over the

coparcenaryproperty.
d.Nocoparcenercantransferthecoparcenaryproperty.
e.Coparcenarisentitledtomaintenancefromthecoparcenaryproperty.
f.Therightofcoparcenerisbaseonsurvivorship,notonsuccession.
g.Coparcenar has the right to see accounts of the property form the
Karta.
RightofunmarriedDaughter:Whetheranywomanwhodecidestolive
unmarriedcanclaimpartitionofcoparcnaryproperty?
No woman can be the member of coparcenary but she can be a
memberofjointfamilyinsuchsituationitisclearthat
a.anywomandoesnothaverightbybirthintheproperty.
b.nowomancanclaimthepartitionofsuchproperty.
c.unmarried daughter entitled to maintenance form the joint family
property.
d.theexpensesofunmarrieddaughterisalsochargedontheproperty
ofjointproperty.
Q.WhoarethenaturalguardianofHinduminor?Whatarethepowers
ofsuchguardian?
Answer:Introduction:HinduMinorityandGuardianshipAct,1956isfor
such person who minor that is below the age of Eighteen years and a
guardianhasbeenappointedforthecareofhisbodyandhisproperty.
Thisactlaysdownfourtypesofguardian:
(i)Naturalguardian
(ii)TestamantaryGuardian
(iii)DefectsGuardian
(iv)Guardianappointedbycourt.
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Whoarethenaturalguardian:UnderSection4(c)oftheHinduMinority
and Guardianship Act, 1956 the meaning of natural guardian is the
fatherofandafterhimthemother.Thenaturalguardianofminorwifeis
her husband. Section 6 of Act provides that the natural guardian
consistsofthethreetypesofperson:
(i)Father
(ii)Mother
(iii)Husband
Thusthenaturalguardiancanonlybefather,motherandhusbandand
accordingtoit:
Incaseofaboyorunmarriedgirlfirstlythefatherandlatermotheristhe
guardian of a minor upto age of five year is generally mother. The
guardian of illegitimate boy or illegitimate unmarried girl shall be firstly
the mother and later the father. The guardian of married of girl is
husbandbuthereinthecaseofminorthestepmotherandstepfather
can not be guardian. The guardianship can be terminates in the
followingsituations:
(i)WhensuchpersonthatisguardianisnomoreHindu.
(ii)Whenhehasrenouncedtheworld.
IncaseofE.M.Nadarv/sShriHaran,1992,itwasheldbythecourtthat
thefatherisguardianofminoreveniflivingseparately.
IncaseofVijaylakshmiv/sPoliceInspector,1991,itwasheldthatwhen
fatherconvertstobenonHinduthenmothershallbenaturalguardian.
IncaseofChandrav/sPremNath,1969,itwasheldthattheguardian
belowtheageof5yearsismother.
But several decision with the time it has been considered that if the
father is unable and do not have sufficient fund then the natural
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guardian shall be mother as described by the court in the following

cases:
(i)R.VenkatSubaiyav/sM.Kamalamma,1992
(ii)Smt.GeetaHariharanv/sReserveBankofIndia,1999.
ThepowerofNaturalGuardian
ThepowerofNaturalGuardiancanbekeptundertwoheading:
1.RightregardingthebodyofMinor
2.RightregardingthepropertyofMinor.
Keepingintheviewoftheimportanceofabovelinesthebodyofminor
underSection8(i)thatthenaturalguardiancanperformallthefunction
regardingcareoftheminorwhichareinhisbenefits.
ThePowerofNaturalGuardianPropertyofMinorareasunder:
1.Transferofproperty:Section8(2)ofActsaysthatthemortgage,sale,
gift, exchange of immovable property of the minor shall be made only
priorpermissionofthecourt.Ifthepermissionisnotobtaineditwillbe
voidable. As said by the Court in the case of Narindra Singh v/s
DevendraSingh,1982andVishwanNathv/sDamodar,1982.
2.Lease of Propert: Section 8 (2) (b) of the Act lays down that any
naturalguardiancannotleasetheimmovablepropertyofminorformore
than 5 years or not more than one year after the minor attains the
majority.
3.Right to Contract: The guardian may contract for the minor, but
cannot enter into a contract which makes the minor personally liable
heldbythecourtincaseWaghlav/sShiekhMasaluddinandMirSarwae
v/sFakruddin,1912.
Minor cannot the guardian of another minor: As described in Section
10oftheActthatnominorcannotbeguardianofanotherminor.Inthe
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case of Ibrahim v/s Ibrahim, 1916, it was held the minor can be the
guardianofhiswifebutcannotbeguardianofherproperty.
Shruti:ItismostancientsourceofHinduLaw.Itissuchlevelthatthey
cameindirectcontactwiththeGod.TheGodgavebirthtoHinduLaw
andwhateverwasheardbythesaints,wasprovidedasShruti.Shrutiis
thesynonymusedforVedaanditmeanswhatwasheardfromGod.
SourceofHinduLaw
AncientorOriginalSourceModernSources
ShrutiLegislations
SmritiPrecedentsorJudicialDecisions
CommentariesandDigests
Customs
DefinitionofShruti:AccordingtoManu,thewholeVedaorShrutiisthe
firstandparamountsourceofHinduLaw.TheVedaheremeansthatnot
onlythedirecttextsthemselvesareauthoritativebutalsothoserulesare
deduciblefromthem.Vedasareoffourtypes:
1.Rigveda,2.Yujurveda,3.Samveda,4.Artarveda
Thesearetheconceptoflife,livingstyle,traditions,religiousbeliefetc.
ofourancestors.
In a case of Balusu v/s Balusu, 1899 it was held by the Privy Council
thattheadoptionofonlysonisvalidwithreferencetothestoryofAtri
Aurva.
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Smritis: It is the second important source of Hindu Law. The literal

meaning of Smriti is whatever was remembered. Thus, smritis were
dependentontheremembranceofsaints.TheeraofcreationofSmriti
isalsoknownasGoldererabecauseitiserawhenwellorganisedand
serialwisedevelopmentofHinduLawstarted.
Smritisaredividedintotwoparts:
a.DharamSutras
b.DharamaShastras
Dharam Sutras are famous of Gautam, Budhyan, Aapstamb, Harit,
Vishnu and Vasisth and Dharam Shastras are famous of Manu Smriti,
YagyavalkyaSmriti,NaradSmritietc.ManuSmiritimadeof12chapters
and 2694 Shlokas fulfilled the requirement of substantive epic of law.
Yagyavalkya Smriti is divided into 3 parts and is extremely clear, brief
andorganised.NaradSmritibeingthelastsmriti,issuchfirstlegalcode
whichmentionssubjectsrelatedtojudicialprocess,courtsandjudiciary.
Commentaries and Digests: Commentaries are the third important

sources of Hindu Law. Smrities are many. But all the laws are not
mentionedineverysmriti.Sometimesthereareinconsistenciesbetween
the provisions of one smritie and the provision of other smriti.
DharmaShastra writers tried to reconcile these conflicting texts of
SmritisorlawscontainedinthoseSmritis.Theselearnedcommentators
and digest writers either commented on particular Smritis or made
digestsoftheentirebodyofSmritimaterial.Thesewritersmodifiedand
supplemented the rules in the Smritis, in part by mean of their own
reasoning and in part in the light of usages that had grown up. These
Commentators and Digestwriters purport to expound the law almost
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exlusivelywithreferencetotextsoftheSmritieswhicharesupposedto
be only interpreted by them. These commentators while professing to
interpretthelawaslaiddownintheSmritisintroducedchangesinorder
to bring into harmony with the usage followed by the people governed
by that law. The Commentators and Digest writers of Southern India
supportthevalidityofthemarriageofmaternalsister.
case Atmaram v/s Bajirao, the Privy Council emphatically laid down
that in the case of a conflict between the ancient text writers and the
commentators,theopinionofthelattermustbeaccepted.
Theprincipalcommentariesare:
1.Dayabhaga by Jimutavahana 2. Mitakshara a commentary of
YajnavalkyabyVijaneshwara3.SmritiChandrikabyDevanandaBhatta
4.VivadaRatnakarabyChandeshwara.
AgnatesandCagnates:Section12oftheHinduSuccessionAct,1956
determines the series of succession among Agnates and cognates in
followingway
a.Thattheirshallreceivethepropertywhosedegreeofascendingorder
islessordonotexist.
b.Wherethedegreesofascendingorderaresameordonotexist,their
that heir shall receive property whose degrees of descending order is
lessordonotexist.
c.Where are heir is not entitled to receive property in comparison to
others as pert the Rule (1) and (2), their they shall share the property
equally.
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Child in womb: Section 20 of the Hindu Succession Act. 1956,

recognizes posthumous child as an heir. The Section lays down, A
Childwhowasinthewombatthetimeofdeathofanintestateandwho
is subsequently born alive shall have the same right to inherit to the
intestateasifheorshehasbeenbornbeforethedeathoftheintestate
and the inheritance shall be deemed to vest in such a case with effect
formthedateofdeathoftheintestate.
A child in womb is presumed to be born before the death of the
intestatealthoughbornsubsequently.Itisbyfictionoflawthattherights
of a child born in justo martrimonio are regarded by reference to the
momentofconceptionandnotofthebirth.Anunbornchildinthewomb,
ifbornaliveistreatedasactuallybornforthepurposeofconferringon
himbenefitsofinheritance.ThisrulerecognisesoldHinduLaw.
Illustration
Amaledieson1stJuly,1992,leavinghiswidowWandhisdaughterD.
On1,1992widowWgavebirthtoanormalson.Thesondiesnextday.
What will be the share of W and D? At the first the property will be
distributed in three equal shares, i.e. W=1/3, D=1/3, Son=1/3 because
thesonwasheiroftheintestatemaleHindu.Onthedeathofthenewly
bornsonhissharewoulddevolveonhisnearestheir.Hisheirwillbehis
motherW.
Disabilitiesofamurdererforsuccession
Murderer : Section 25 of the Hindu Succession Act provides that A
personwhocommitsmurderorabetsthecommissionofmurdershallbe
disqualifiedforminheritingthepropertyofthepersonmurdered,orany
other property in furtherance of the succession to which he or she
committedorabettedthecommissionofthemurder.
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In Kenchova v/s Gilimallappa, 1924 the Privy Council held, even apart
from Hindu Law, principles of justice, equity and good conscience
excludeamurderedfromsucceedingtothemurderedpersonandthatit
mustberegardedasaparamountruleofpublicpolicy.
In Chaman Lal v/s Mohan Lal, 1977, a widow was prosecuted for the
chargeofmurderofherhusbandandfinallyacquittedofthechargeby
thecourt.Thebrotherofthedeceasedraisedtheobjectionthatshewas
notentitledtoinheritthepropertyasshewaschargedwiththemurderof
her husband. The Delhi High court held that as the widow had been
acquitted so she would not be disqualified from inheriting. The Court
observedthatitwasnottheschemeofHinduSuccessionAct,1956that
theCivilCourtshouldagainexaminethechargeofmurderandholdan
enquiryortrialindependentlyafteracquittalfromthecriminalCourt.
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1/10/2017

Question No. 1: State the categories of persons to whom Hindu Law

i)Any Marriage may be solicited by the customary tradition of the

4.Hindu Womens right to Seperate Residence and Maintenance Act

Question No.3: Discuss the main principles on which Mitakshara and

say before partition that he is the owner of that particular property.

tradition and rituals. Where saptpadi is necessary it required to be

Question No.7: Explain the terms Desertion & Cruelty as ground of

situation. When situation of desertion continues for more than two

Ques:Valid Adoption under Hindu Adoptions and Maintenance Act,

compliance with the other conditions mentioned in Chapter II of the

Section 9 mentions those persons who can give a child in

Question : Describe the rules of succession in the case of intestate

Q. On what grounds can a Hindu wife claim maintenance from her

c.Coparcenars have joint ownership and possession over the

guardian shall be mother as described by the court in the following

Smritis: It is the second important source of Hindu Law. The literal

Commentaries and Digests: Commentaries are the third important

Child in womb: Section 20 of the Hindu Succession Act. 1956,

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