Hindu Law is considered to be divine law as it is strongly believed that the sages had attained some spiritual dominion and they could communicate directly with God form whom we get the divine law. Each Veda has three parts viz. The guardianship can be terminates in the following situations:- 1. According to them a codified Hindu Law shall apply to such persons only when the Central Government notifies in the official Gazette by a notification. However, occasionally, we find Shlokas in Dharmasutras and Sutras in the Dharmashastras.
The remedy openly violates the fundamental right to life, privacy and equality hence is unconstitutional. 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. Section 9 has sufficient safeguards to prevent the marriage from being a tyranny. Many critics assert that the word Smriti itself means that what is remembered and therefore the validity or proof of the existing Smritis could be challenged. But if the male Hindu has a wife living at the time of adoption, he shall not adopt except the consent of his wife.
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. Oxford University Press: New Delhi. British Rule precedents and codification 3. It may also mean in its literal sense the material from which the rules and laws are known. It must not be immoral or against any public policy and iv The custom must have been continuously and uniformly followed for a long time.
What will be the share of W and D? Pratap 1959 Punjab High Court. In other places, such as South India, temples were intimately involved in the administration of law Davis 2004. The rules laid down in Smritis can be divided into three categories viz. Such a right is inherent in the very institution of marriage itself. Desai, Mulla's Principles of Hindu Law. Hindu law is a set of personal laws governing the social conditions of Hindus such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc.
There is complete equality of sexes here and equal protection of the laws. A woman who is of sound mind and is not a minor can take child in adoption. Thus the decisions of Privy Council, Supreme Court and those of the High Courts constitute precedents to become important source of law. The Dayabhaga school of law is based on the commentaries of Jimutvahana author of Dayabhaga which is the digest of all Codes and the Mitakshara is based on the commentaries written by Vijnaneswar on the Code of Yajnavalkya. Yesudas a Catholic Christian by birth and a famous playback singer used to give devotional music in a Hindu temple and worshipped there like a Hindu.
Husband never wanted to keep wife along with him. It has been said regarding the position of karta that no one else is equivalent to him in the family. Hindus, Encyclopaedia of Hinduism, Ed, Kapoor, S. Even when the Hindu Marriage Act, 1955 was being passed in the Parliament, there were voices of scepticism regarding the efficacy of this remedy. Vedas primarily contain theories about sacrifices, rituals, and customs. In 1832, the British colonial government abolished accepting religious as a source of law.
The man is required to take consent of the wives or wife, before adoption. It included the extracted portions of law from one Dharmaśāstra by British colonial government appointed scholars especially Jones, , Sutherland, and Borrodaile in a manner similar to Islamic al-Hidaya and Fatawa-i Alamgiri. Their source has originated after the establishment of English State in India, when English rulers started enacting several laws. 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. It was amended in 1923 and has been repealed by the Act 43 of 1954. Legislation The parliament, constitutes new laws.
The Law Commission in its Fifty-Ninth Report recommended its deletion. Though a small minority suggested some kind of return to classical Hindu law, the real debate was over how to appropriate the Anglo-Hindu law. There is a custom in families of ancient India that the eldest male member of the family shall inherit the estates. Scholars such as Derrett, Menski and others have repeatedly asked whether and what evidence there is that the Dharmasastras were the actual legal authority before and during the Islamic rule in India? Achar relating to morality , Vyavahar signifying procedural and substantive rules which the King or the State applied for settling disputes in the adjudication of justice and Prayaschit signifying the penal provision for commission of a wrong. Nehru completed codification and partial reform, but overall the legal system only slightly changed.
Various sages and ascetics have elaborated and refined the abstract concepts of life explained in the Vedas. It was held in this case that the Hindu Law applies not only to those who are Hindu by birth but also applies to those persons who have become Hindu by conversion. In 1864, after the East India Company was dissolved and India became a formal part of the , Anglo-Hindu law entered into a second phase 1864—1947 , one in which British colonial courts in India relied less on the Muslim Qadis and Hindu Pandits for determining the respective religious laws, and relied more on a written law. The child is brought up as Hindu. Now the Act has been repealed by Hindu Marriage Act 25 of 1955.
At the first the property will be distributed in three equal shares, i. The analogy is that of a change of domicile on settling in a new country rather than the analogy of a change of custom on migration within India. Digests and Commentaries, and d. A digest on Hindu legal procedure. The British exercised power by avoiding interference and adapting to law practices as explained by the local intermediaries. Postcolonial Politics and Personal Laws.