LAWACADEMY

THE HINDU MARRIAGE ACT, 1955 The Hindu Marriage Act, 1955 (HMA) received the assent of the President on 18 May, 1955 and became law on that day. Overriding effect of the Act The Act has an overriding effect and it abrogates all the rules of marriage previously applicable. Section 4 provides that any text, rule or interpretation, custom or usage of Hindu Law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act. Any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act. Extra-territorial application of the Act The Act will apply to Hindu domiciled in India even if they reside outside India Section 1(2) provides for the extra-territorial application of the Act. It lays down that the Act extends to the whole of India. It also applies to Hindus domiciled in the territories to...

  Joint Hindu Family Joint Hindu Family consists of common male ancestor, his wife and all his lineal male descendents together with their wives, widows and unmarried daughters and also daughters of male descendants Joint Hindu Family has no separate legal entity. It is neither a juristic person nor a corporation. A Joint Hindu Family can neither be created by the act of the members nor by an agreement between the parties A stranger cannot be made a member of Joint Hindu Family. The only exception is mat riage and adoption. Law will presume that every Hindu family is a joint one unless the contrary is proved. There must be at least two members to constitute a joint family and they must be Hindus. For bringing a Joint Hindu Family in existence a common male ancestor is necessary but for its continu ance common male ancestor is not necessary. Coparcenary Position before 2005 Amendment : Coparcenary comprised of continuous chain of four genera- tions of male members. (including the la...

  Yagya Purush v. Maluk Das, (1966) 1 SCR 357 (India). The facts and judgment of the case are as follows: The appellants, who were the followers of the Swaminarayan sect, filed a suit to claim that their temples were not open to Harijans (Dalits), as they professed a different religion from Hinduism. The respondent, who was the president of the Maha Gujarat Dalit Sangh, challenged this claim and asserted the rights of Harijans to enter the Swaminarayan temples under the Bombay Hindu Places of Public Worship (Entry Authorisation) Act, 1956. The trial court decreed the suit in favour of the appellants, but the High Court reversed the decision and dismissed the suit. The Supreme Court upheld the High Court’s judgment and held that the Swaminarayan sect was not a separate religion, but a reformist movement within Hinduism, and that its temples were subject to the 1956 Act. The Supreme Court also upheld the constitutional validity of the 1956 Act, which aimed to eradicate the practice o...

DIFFERENCE BETWEEN MITAKSHARA & DAYABHAGA: Mitakshara and Dayabhaga are two major schools of Hindu law that differ in their approach to property inheritance and the distribution of assets among family members. Here are some of the main differences: Mitakshara recognizes the joint family system and the coparcenary property, which is the ancestral property shared by the male members of the family. Dayabhaga does not recognize the joint family system and the coparcenary property, but only the individual and separate property of the family members. Mitakshara follows the principle of survivorship, which means that on the death of a coparcener, his share devolves to the surviving coparceners by operation of law. Dayabhaga follows the principle of partition, which means that on the death of a person, his property is divided among his heirs according to his will or the law. Mitakshara gives primacy to the birthright of the sons over the widow’s right in the inheritance of the father’s pro...

SCHOOLS OF HINDU LAW: There are two main schools of Hindu law: Mitakshara and Dayabhaga . They differ in their interpretation and application of the ancient sources of Hindu law, especially on the matters of property inheritance and family relations. They also have four sub-schools each, based on the regional variations and commentaries. Here is a brief summary of the schools and sub-schools of Hindu law: Mitakshara : This school is based on the commentary of Vijnaneswara on the Yajnavalkya Smriti, called the Mitakshara. It prevails in most parts of India, except Bengal and Assam. It recognizes the joint family system and the coparcenary property, which is the ancestral property shared by the male members of the family. It follows the principle of survivorship, which means that on the death of a coparcener, his share devolves to the surviving coparceners by operation of law. It gives primacy to the birthright of the sons over the widow’s right in the inheritance of the father’s propert...

HINDU LAW - SOURCES & SCHOOL Hindu law is a complex and ancient system of law that has evolved over thousands of years. It is based on various sources and schools of thought that reflect the diversity of Hindu culture and traditions. Here is a brief overview of the main schools and sources of Hindu law: Sources of Hindu law The sources of Hindu law can be classified into two categories: ancient and modern. Ancient sources: These are the original and primary sources of Hindu law that derive from the sacred scriptures and customs of the Hindus. They include: Shruti : These are the divine revelations that are heard by the sages and recorded in the Vedas and Upanishads. They are considered the most authoritative and infallible source of Hindu law. Smriti : These are the human compositions that are remembered and written by the sages based on the Shruti. They include the Dharma Sutras and Dharma Shastras, which are the codes of law and ethics for the Hindus. Some of the prominent Smriti...