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    Hindu Family Law: An Overview of the Laws Governing Hindu Marriage, Divorce, Maintenance, Custody of Children, Adoption and Guardianship
    Hindu Family Law: An Overview of the Laws Governing Hindu Marriage, Divorce, Maintenance, Custody of Children, Adoption and Guardianship
    Hindu Family Law: An Overview of the Laws Governing Hindu Marriage, Divorce, Maintenance, Custody of Children, Adoption and Guardianship
    Ebook67 pages32 minutes

    Hindu Family Law: An Overview of the Laws Governing Hindu Marriage, Divorce, Maintenance, Custody of Children, Adoption and Guardianship

    By Nayab Naseer

    3.5/5

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    About this ebook

    This book summarises the Hindu family law, or the laws governing Hindu Marriage, Divorce, Maintenance, Custody of Children, Adoption and Guardianship. The gist of the three important legislations: Hindu Marriage Act (1955), Hindu Adoption and Maintenance Act (HAMA) (1956), and Hindu Minority and Guardianship Act (HMG) (1956) are covered in this work. The book also touches on the difference between the ancient and modern sources of Hindu personal law. This book is intended as a quick reference guide for LLB students and others.

    LanguageEnglish
    PublisherNayab Naseer
    Release dateJun 6, 2017
    ISBN9781370400805
    Hindu Family Law: An Overview of the Laws Governing Hindu Marriage, Divorce, Maintenance, Custody of Children, Adoption and Guardianship
    Author

    Nayab Naseer

    Nayab Naseer is a post graduate in Human Resource Management with over a decade of corporate work experience in India and the Middle East. He likes to travel, read books, and write!

    Read more from Nayab Naseer

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      Quick reference. Book. There were few spelling errors. Otherwise it is a beautiful book

    Book preview

    Hindu Family Law - Nayab Naseer

    HINDU FAMILY LAW

    An overview of the Laws governing Hindu Marriage, Divorce, Maintenance, Custody of Children, Adoption and Guardianship

    Nayab Naseer

    Smashwords Edition

    Copyright 2017 Nayab Naseer

    This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or if it was not purchased for you use only, then please return to your favorite ebook retailer and purchase your own copy. Thank you for respecting the hard work of this author.

    TABLE OF CONTENTS

    Introduction

    Ancient Sources of Hindu Law

    Modern Sources of Hindu Law

    Customs

    Who is a Hindu?

    Essential Conditions of a Valid Hindu Marriage

    Essential Ceremonies of a valid Hindu Marriage

    Void and Voidable Marriages

    Divorce in Hindu Law

    Restitution of Conjugal Rights

    Punishment for Matrimonial Offences

    Guardianship

    Maintenance of Wives, Children and Others

    Adoption

    Salient Features of Special Marriages Act

    Family Courts

    Introduction

    Traditional Hindu law is based on the guidelines and concepts elucidated in the Vedas. These guidelines evolved into rules laid down by sages, followed by the people, and enforced by the rulers, to become the de facto law of the land in ancient India. The aim of these laws is to establish dharma and through it attain moksha or salvation.

    In modern times, the same laws have been retrofitted to suit present conditions and have been codified in the form of several acts, such as

    •Hindu Marriage Act (HMA) 1955

    •Hindu Adoption and Maintenance Act (HAMA) 1956

    •Hindu Minority and Guardianship Act (HMG) 1956

    Ancient Sources of Hindu Law

    1..Sruti: Sruti means what is heard. These books are considered to be the very words of the deity. Both the language, and the rules contained therein are considered divine. It includes

    -The four vedas – Rig Veda, Sama Veda, Yajur Veda and Atharva Veda

    -The six vedangas (appendages to Vedas)

    -Eighteen Upanishadas or Vedantas, which are concluding portions of the Vedas . There were around 1180 upanishads originally.

    2. Smriti: ‘Smriti’ means which was remembered. It is considered to be the words of the deity, expounded by sages. The rules are divine, but the language is of human origin.

    •Dharmasutras: Dharmasutras, written during 800 to 200 BC, are legal decisions given by those acquainted with Vedas and local customs. These works were meant to be training manuals of sages for teaching students, and explain the duties of men in various capacities.

    The following are the major authors, who wrote dharmasutras

    i.Gautama: He belonged to Sam veda school and deals exclusively with legal and religious matters. He talks about inheritance, partition, and stridhan.

    ii.Baudhayan: He belonged to the Krishna Yajurved school and talks about marriage, kinship, and inheritance. He refers to various specific customs such as marriage to maternal uncle's daughter.

    iii.Apastamba: His sutra is most preserved, and known for his clear and forceful language. He rejected prajapatya marriage (bride’s father goes in search of groom).

    iv.Vashistha: He was from North India and followed the Rigveda school. He recognized remarriage of virgin widows.

    •Dharmashastras: Dharmasutras were metric verses based of Dharmasutras. These works are more systematic and clear than dharmasatras. The following are the most popular dharmasastras

    i.Manusmriti: Composed in 200 BC, this is the earliest and most important of Smrithis. It aggregates the laws scattered in pre-smriti sutras and gathas, and defined the way of life in ancient India. He considers king as divine, but holds local customs to be most important, and directs king to obey the customs. He gives importance to the principle of 'danda' which forces everybody to follow the law. However, Manusmrithi was a Brahmin protagonist and particularly harsh on women and sudras.

    ii.Yajnavalkya Smriti: Composed in around

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