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LLB Notes Family Law 1 Hindu Law Document 43 pages
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This document provides an overview of Hindu law, including its key concepts and sources. It discusses dharma as the basis of
Hindu law and notes that Hindu law has existed for over 5,000 yea… Full description
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Class Notes on Family Law/Hindu LawOR

1 – UNIT I (1st Sem / 3 year LL.B)
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Family Law / Hindu Law – UNIT I — Revision Study Notes for LL.B
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Introducon of the Hindu Law 10

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Concept of Dharma
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Hindu Law is a body of principles or rules called ‘Dharma’. Dharma according to

Hindu texts embraces everything in life. According to the Hindus, ‘Dharma’
includes not only what is known as law in the modern sense of the term but all
rules of good and proper human conduct. Dharma is used to mean jusce what Document 32 pages
is right in a given circumstance, moral, religious, pious or righteous conduct,
5 Hindu Law
being helpful to living beings and things, duty, law and usage or custom having
Aditya
in the force of law and also a valid Rajashasana
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Origin of Hindu law
The Hindu system as modied through centuries has been in existence for over
ve thousand years and has connued to govern the social and moral paerns
Document 5 pages
of Hindu life with harmonizing the diverse elements of Hindu cultural life.
Magne says, “Hindu law has the oldest pedigree of any known system of Hindu Marriage Act 1955
Jurisprudence and even now it shows no signs of decrepitude “. Suresh Murugan
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Nature and scope of Hindu Law
Hindu law, though believed to be of divine origin, is based essenally on

immemorial custom and many of the acts of the people which were purely of a
secular nature. But the secular nature of the acts have been modied to suit Document 45 pages
the religious preferences of a Brahmin community. With a desire to promote LLB Notes Constitutional Law
the special objects of religion or policy, they have used their intellectual Complete Units
superiority and religious inuence to mold the customs of the people. Naina Parashar
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Who are Hindus
The term ‘Hindus’ denotes all those persons who profess Hindu religion either
by birth from Hindu parents or by conversion to Hindu faith. In Yagnapurus Document 7 pages
dasji v. Muldas [AIR 1966 SC 1119], the Supreme Court accepted the working Liability of State in Torts
formula evolved by Tilak regarding Hindu religion that ‘acceptance of vedas’ Srishti Goel
with reverence, recognion of the fact that the number of Gods to
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be worshiped at large, that indeed is the disnguishing feature of Hindu
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Hindu Law Ebook & Lecture
Notes PDF Download…
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Class Notes On Family Law

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Assignment: Topic: - Condition

Restraining Alienation
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religion.
OR
In Shastri v Muldas SC AIR 1961,
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this held
page that
after an various
ad sub sects of Hindus Upload
such as Swaminarayan, Satsangis, Arya Samajis are also Hindus by religion
Document 27 pages
because they follow the same basic concept of Hindu Philosophy. Converts and 10
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Reconverts are also Hindus.
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If only one parent is a Hindu, the person can be a Hindu if he/she has been Emiliano Programmi
raised as a Hindu. In Sapna vs State of kerala, Kerala HC, the son of Hindu No ratings yet
father and Chrisan mother was held to be a Chrisan
To whom Hindu Law apply

Document 72 pages
1. Hindus by birth HINDU LAW Notes

2. O shoots of Hinduism Lakshay
3. Persons who are not Muslims, Chrisans, Parsis or Jews 100% (2)
4. Converts to Hinduism
5. Reconverts to Hinduism
6. Harijans
7. Aboriginal Tribes
Document 7 pages
To whom Hindu law does not apply Research Proposal

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 to converts from the Hindu to the Mohammedan faith
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 to the Hindu converts to Chrisanity
 to the illegimate children of a Hindu father by Chrisan mother and
who are brought up as Chrisans
Constuon of India and the Enactments under the Hindu Law Document 5 pages
Family Law II - Question Bank

Presently, Hindu Law is applied through the Hindu Marriage Act, 1955; the
Hindu Succession Act, 1956; the Hindu Minority and Guardianship Act, 1956; anoos04
and the Hindu Adopons and Maintenance Act, 1956 No ratings yet
Constuonal enactments are:
 Hindu Women’s Rights to Property Act, 1937

Document 82 pages
 Hindu Succession Act, 1956
Family Law (Hindu Law)
Impact of Hindu Law Enactments in Fundamental Rights Renaissance Law College Notes
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Family Law - Ii Notes Indian
Succession Act, 1925
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LLB Notes Constitutional Law

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Negotiable Instruments Act,

1881
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LLB Family Law Hindu Law 1

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Several principles of Hindu Law have been held invalid on the ground that they
infringe the Fundamental Rights. For example,
OR the rule of Damdupat is hit by
Arcle 15(1) of the Constuon and
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such would
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Sources of Hindu Law
10
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Ancient Sources maira mujawar
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Before the codicaon of Hindu Law, the ancient literature was the only
source of the law. These sources can be divided into four categories:
01. Shru (Vedas)

Document 16 pages
Shru means “what is heard”. It is believed that the rishis and munis had
Sale Under Tpa
reached the height of spirituality where they were revealed the knowledge of
shubham
Vedas. Thus, shrus include the four vedas – rig, yajur, sam, and athrava along
100% (3)
with their brahmanas. The brahmanas are like the apendices to the Vedas.
Vedas primarily contain theories about sacrices, rituals, and customs.
02. Smris
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Smri means “what is remembered”. With Smris, a systemac study and
teaching of Vedas started. Many sages, from me to me, have wrien down Tax Case Digest
the concepts given in Vedas. So it can be said that Smris are a wrien memoir Princess
of the knowledge of the sages. Immediately aer the Vedic period, a need for No ratings yet
the regulaon of the society arose.
 Dharmasutras: The Dharmansutras were wrien during 800 to 200 BC.

They were mostly wrien in prose form but also contain verses. It is
Document 22 pages
clear that they were meant to be training manuals of sages for teaching
students. Family Law-1
 Dharmashastras: Dharmashastras were mostly in metrical verses and Tejaswini R
were based of Dharmasutras. However, they were a lot more systemac No ratings yet
and clear.
 Manusmri: This is the earliest and most important of all. It is not only
dened the way of life in India but is also well know in Java, Bali, and
Sumatra. The name of the real author is not known because the author
Document 27 pages
has wrien it under the mythical name of Manu, who is considered to
the the rst human. LLB Notes Family Law 1 Hindu
 Yajnavalkya Smri: Though wrien aer Manusmri, this is a very Law
important smri. Its language is very direct and clear. It is also a lot more Aadhar Saha
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The Transfer of Property Notes
GEETHANA ARIKATLA
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Family Law Notes (Part 2) - Law

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Family Law Notes

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Muslim Law Notes

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logical. He also gives a lot of importance to customs but hold the king to
be below the law. OR
Narada Smri: Narada
 was from
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this page afterand this smri is well preserved
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and its complete text is available. This is the only smri that does not
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deal with religion and morality at all but concentrates only on civil law. 10
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03. Commenatries and Digests pragya srivastava
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Aer 200 AD, most the of work was done only on the exisng material given in
Smrus. The work done to explain a parcular smri is called a commentary.
Commentaries were composed in the period immediately aer 200 AD. Digests
were mainly wrien aer that and incorporated and explained material from
Document 2 pages
all the smruis. As noted ealier, some of the commentaries were,
manubhashya, manuka, and mitakshara. While the most important digest is Macapuso vs. Castillejos
Jimutvahan’s Dayabhag that is applicable in the Bengal and Orissa kristian datinguinoo
area. Mitakshara literally means ‘New Word’ and is paramount source of law in No ratings yet
all of India.
04. Customs
Most of the Hindu law is based on customs and pracces followed by the Document 51 pages
people all across the country. Even smrus have given importance to customs. Hindu Law College Notes For
They have held customs as transcendent law and have advised the Kings to Exames
give decisions based on customs aer due religious consideraon. Customs are Swamy Mvm
of four types:
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 Local Custom: These are the customs that are followed in a given
geographical area.
 Family Custom: These are the customs that are followed by a family Document 72 pages
from a long me. These are applicable to families where ever they live. Hindu Law PDF
 Class or Caste Custom: These are the customs that are followed by a heavensangels
parcular cast or community. It is binding on the members of that
67% (9)
community or caste. By far, this is one of the most important source of
laws.
 Guild Custom: These are the customs that are followed by traders.
Requirements for a valid custom Document 10 pages
Schools of Hindu Law

 Ancient
ashwani
 Connuous
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 Certain
 Reasonable
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Proof of Custom
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The burden of proving a custom is on the person who alleges it. Usually, Comment
customs are proved by instances. In the case of Prakash vs Parmeshwari, it was Yogesh Kumar
held that one instance does not prove a custom. However, in the case of 100% (5)
Ujagar vs Jeo, it was held that if a custom has been brought to noce of the
court repeated, no further proof is required.
Usage and Custom Document 44 pages
Company Law Notes-LLB III

The term custom and usage is commonly used in commercial law, but Semester - Companies Act 1956
“custom” and “usage” can be disnguished. A usage is a repeon of acts
Aajit Dhiyya
whereas custom is the law or general rule that arises from such repeon. A
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usage may exist without a custom, but a custom cannot arise without a usage
accompanying it or preceding it. Usage derives its authority from the assent of
the pares to a transacon and is applicable only to consensual arrangements.
Custom derives its authority from its adopon into the law and is binding Document 4 pages
regardless of any acts of assent by the pares. In modern law, however, the Unit 3 - Conversion and Its
two principles are oen merged into one by the courts. Effects
Priya Arora
Modern Sources
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Judicial Decisions (Precedents)
The doctrine of stare decisis started in India from the Brish rule. All cases are
Document 14 pages
now recorded and new cases are decided based on exisng case laws.Today,
2017-2018 Property Law-Ii Final
the judgment of SC is binding on all courts across India and the judgment of HC
is binding on all courts in that state. Draft Topic - Comparative Stu…
Bharat Joshi
Legislatures / Statutes (Codicaon of Hindu Law) No ratings yet
In modern society, this is the only way to bring in new laws. The parliament, in
accordance with the needs society, constutes new laws. For example, a new
Document 3 pages
way of performing Hindu marriages in Tamil Nadu that got rid of rituals and
priests was rejected by the SC on the basis that new customs cannot be Contingent and Vested Interest
invented. However, TN later passed an act that recognized these marriages. Adan Hooda
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Jusce, equity and good conscience
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Pre Emption Under The Muslim
Personal Laws Amit Re Phrase
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Effects of Migration On The

Schools of Hindu Law.
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Essentials of Transfer
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Equity means fairness in dealing. Modern judicial systems greatly rely on being
imparal. True jusce can only be delivered OR through equity and good
conscience. In a situaon whereUnlockno
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pageisafter
given,an aadsense of ‘reasonableness’ Upload
must prevail. According to Gautama, in such situaon, the decision should be
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given that is acceptable to at least ten people who are knowledgeable in 10
What is Scribd? Introduction of The Hindu Law
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shastras. Yagyavalkya has said that where ever there are conicng rules, the
decision must be based on ‘Nyaya’. Concept of Dharma
pradip.mumbai
Schools of Hindu Law No ratings yet
Due to the emergence of various commentaries on SMIRITI and SRUTI,

dierent schools of thoughts arose. The commentary in one part of the
Document 14 pages
country varied from the commentary in the other parts of the country.
Hindu Law New Syllabus 2020
The Mitakshara School arjun0505
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The Mitakshara School exists throughout India except in the State of Bengal
and Assam. The Yagna Valkya Smri was commented on by Vigneshwara under
the tle Mitakshara. The followers of Mitakshara are grouped together under
the Mitakshara School.
Document 14 pages
Mitakshara school is based on the code of yagnavalkya commented by HINDU LAW - Hetvi Patel 20ll10a
vigneshwara, a great thinker and a law maker from Gulbarga, Karnataka. The
unnati
Inheritance is based on the principle or propinquity i.e. the nearest in blood
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relaonship will get the property.
The school is followed throughout India except Bengal state. Sapinda

relaonship is of blood. The right to Hindu joint family property is by birth. So,
a son immediately aer birth gets a right to the property. Document 57 pages
Family Law 1 Notes

 Dravidian School Of Thought (Madras School)
 Maharashtra School (Bombay School Of Thought) Venkata Sai Monish
 Banaras School Of Thought 100% (1)

 Mithila School Of Thought
The Dayabhaga School
Document 105 pages

It exists in Bengal and Assam only. The Yagna Valkya smri is commented on by
Jimootavagana under the tle Dayabhaga. It has no sub-school. it diers from Hindulaw
Mistakshara School in many respects. krishna sharma
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Lauro Santos Vs People
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Street On Torts 15Th Edition Full

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Dayabhaga School is based on the code of yagnavalkya commented by
Jimutuvahana, Inheritance is based on OR the principle of spiritual benet. It
arises by pinda oering i.e. Unlock
rice ball oering
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This school is followed in Bengal state only. Sapinda relaon is by pinda
10
oerings. What is Scribd? Punjab Rented Premises Act
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Drawbacks
The right to Hindu joint family property is not by birth but only on the death of subwaywalton2
the father. No ratings yet
The system of devoluon of property is by inheritance. The legal heirs (sons)

have denite shares aer the death of the father.
Document 16 pages
SoP For Hiring

Khurram Sheraz
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Class Notes on Family Law I – Unit II (1st Sem / 3 year LL.B)
UNIT – II Document 6 pages
Case
Marriage and Kinship
Charles Carpenter
Evoluon of the Instuon of Marriage and Family No ratings yet
Denion and Forms of Hindu Marriage
o Denions of Marriage: Marriage is a civil and religious contract

whereby a man is joined and united to a woman for the purpose of Document 18 pages
civilized society. In law ‘marriage’ may mean either the acts, Lingga - Understanding The
agreements, or ceremony by which two persons enter into wedlock, or Bangsamoro RSD
their subsequent relaon created thereby. Marriage is the civil status or ras mitmug
personal relaon of one man and one woman joined together in a 100% (1)
matrimonial union which was lawfully entered into.
o Characteriscs of Marriage: Marriage is universal, It is for the formaon
of family, It forges a new social link, It xes the responsibility of bringing
Document 1 page
up children on the parents, It is a result of civil or religious ceremony,
Legimizaon of children born out of such union which is a social need, Lagunametts Vs CA
In marriage, the male and female get the right of mutual relaonship in Arianne Marzan
economic, social and biological spheres. No ratings yet
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Public International Law - Dean
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Chapter 1 - Business Structures:

Lee Roach: Edition, Chapter 1
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o Origin of Marriage: The Instute of Marriage evolved in an evoluonary
OR
manner. In the earliest form of groupings of people, sex was absolutely
unregulated and the Unlock
children were
this pageconsidered
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group. According to Morgan, marriage instuon started with group
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marriage, then polygamy and lastly monogamy. 10
What isof
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o Importance the Instuon of Marriage: The instute of marriage
Timelines For Processing of…
regulates and socially validates relavely long-term legimate sexual
relaon between males and females, Marriage serves to start latha sri
reproducve process, Marriage is also a way to acquire new Kinsmen, It No ratings yet
is only aer marriage a family comes into being
o Hindu Marriage:
o Matrimonial Rights and Obligaons

Document 2 pages
o Dues of a Husband are: to protect his wife, to give her a home,
(Soriano v. BSP)
to maintain her by providing her with comforts and necessies of
Patrick Manalo
life within his means, to treat her kindly with aecon and
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courtesy, to honour the wife, not to assault or commit baery
against his wife’s person
o Rights of a Husband are: he is entled to the custody and the
conjugal society of his wife, he is entled to succeed to her if she

predeceases him without issue, and can ulise her Sridhana Document 1 page
property to relieve himself in circumstances of extreme distress Guide 5552 - Applying To
o Dues of a Wife are: to aend to the needs of her husband both
Change Conditions or Extend…
in religious and household acvies, to show obedience and
Rudra Pandit
veneraon for the husband, to live with him wherever he may
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choose to reside unless he is guilty of cruelty or misconduct
o Rights of a Wife are: right for maintenance throughout her life,
right of equality in the house of her husband, right to bring suit for
the restuon of conjugal rights, right to get divorce for the Document 30 pages
cruelty, insults, etc Articles New For Osssc

santalicartoonwalaa
Dierent Forms of Hindu Marriage
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The four obsolete approved forms
 Brahma (to a man learned in vedas)

 Daiva (to a preist)
Document 14 pages
 Arsha (father’s taking gi from groom: a cow and a bull)
Human Rights Project
 Prajapatya (similar to Brahma, gi of a daughter by father, but
ankit kumar vats
bridegroom need not be a bachelor)
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The four unapproved forms
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Draft Bill SC Athletics
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Is 1387 1993
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Thomas Gutmann. 11 Jun 2018,

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Asura (When groom buys bride through money)

Gandharva (When voluntary union

 OR against parent’s wishes)
Rakshasa (When forcible
 abducon
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Paishacha (when intoxicated)

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10
Salient Features
Whatofis Hindu
Scribd? Marriage Act, 1955 Aguinaldo Doctrine
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o Ancient Hindu Law of Marriage No ratings yet
o During Muslim period
o During early brish rule
o Enactments in the Brish Rule
o Enactments in Independent India
o The Special Marriage Act, 1954
o Salient Features of the Hindu Marriage Act, 1955
o Main changes introduced in the Hindu Marriage, 1955 by the Marriage
Laws (Amendment) Act, 1976
Applicaon of Hindu Marriage Act, 1955
Denions
o Custom and Usages

o Full Blood, Half Blood and Uterine Blood
o Sapinda Relaonship
o Degree of Prohibited Relaonship
Overriding Eect of the Hindu Marriage Act, 1955
Condions of Hindu Marriage
Secon 5 of the Hindu Marriage Act, 1955 lists out the following condions to
be fullled for the solemnizaon between any two Hindus:-
o Monogamy: The rst essenal condion for a valid marriage is that

neither party should have a spouse living at the me of marriage.
Monogamy is the voluntary union for life of one man with one woman to
the exclusion of all others. In the case of Varadrajan v. State, it was held
that a party to be bigamous marriage could be punished only upon the
proof of the prior marriage having been solemnized according to
religious ceremonies and customs.
o Mental Capacity: A marriage is bliss. A sound mind is a key to a happy
married life. Clause (ii) of Secon 5 of the Act lays down as one of the
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condions for a Hindu Marriage that neither party must be suering
from unsoundness of mind, mental OR disorder, and insanity.
o Age of Pares: The Hindu Marriage Act, 1955 lays down the condion
that at the me of the marriage, the bridegroom must have completed
the age of 21 and the bride the age of 18 years. In the case of Rabindra 10
Prasad What is Scribd?
v. Sita Devi, the court held that a child marriage is not void and All Documents
observed that “the marriage solemnized in violaon of Secon 5 (iii)
remains unaected.
o Degrees of Prohibited Relaonship: Clause 10 of Secon 5 of the Hindu
Marriage Act, 1955 lays down that no marriage is valid if it is made

between persons related to each other within the prohibited degrees
unless such marriage is sanconed by custom or usage governing both
the pares.
o Beyond Sapinda Relaonship: According to Mitakshara, Sapinda means
a person connected by the same blood relaon. Clause (v) of Secon 5 of

the Hindu Marriage Act, 1955 itself provides that the pares to marriage
should not be sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between two.
o The queson of virginity of the bride: The Hindu bride is expected to be
a virgin. If the bride had been made pregnant by another, the husband
can have the marriage set-aside by a decree of nullity, provided (a) he
was ignorant of this fact at the me of marriage; (b) he did not have
marital intercourse aer discovering the fact; (c) peon is brought
within one year from the date of marriage
o Impotency and other physical inrmies: If the bridegroom is found
impotent aer the marriage, the marriage can be set-aside under

secon 12 of the Act. Such marriage is voidable.
o Inter-caste Marriage: The Government of India enacted ‘Hindu
Marriages Validang Act, 1949, which validates intercaste marriages and

also marriages between Hindus, Jains and Sikhs. In the case of Bai Gulab
v. Jiwan Lal, the Bombay High Court upheld the validity of Anuloma
marriages.
o Doctrine of Factum Valet: It is a doctrine of Hindu law, which was
originally enunciated by the author of the Dayabhaga, and also

recognized by the followers of the Mitakshara, that ‘a fact cannot be
altered by a hundred texts’. The text referred to are directory texts, as
opposed to mandatory texts. The maxim, therefore, means that if a fact
is accomplished, i.e., if an act is done and nally completed, although it
may contravene a hundred directory texts, the fact will nevertheless
stand, and the act done will be deemed to be legal and binding.This
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doctrine came from Roman maxim ‘factum valet quod eri non debuit’
which literally means that ‘whatOR ought not to be done become valid
when done’.In the case of Venkatrama
Unlock this page afterv.an
State,
ad the court has applied Upload
the doctrine of factum valet to child marriage and held that the marriage
itself is valid though penal consequences are aracted. The child 10
marriagesWhatare
is Scribd?
neither void nor voidable. They connue to be valid even All Documents
though punishable.
Ceremonies of Hindu Marriage
o No parcular form of marriage

o Necessary religious ceremonies
 Vagdan
 Formalies including the recitaon of holy texts before the sacred
re
 Saptapadi
o State amendments
 Registraon of Hindu Marriages

 Types of Marriage: Monogamy, Polygamy, Polyandry
Matrimonial Remedies
Restuon of Conjugal Rights
The meaning of Restuon of Conjugal Rights: Either husband or wife has

without reasonable excuse withdrawn from the society of other, the aggrieved
party, may approach the court for ‘Restuon of Conjugal Rights’ and the court
on being sased on the truth of the statement in such peon may grant
decree for ‘Restuon of Conjugal Rights’.
-> In case, husband or wife lives separately, then they can avail Conjugal
Rights.
-> In case, if there was any valid reason to live separately, then they cannot
avail Conjugal Rights
Case Laws:
1. T. Sareetha v. Venkata Subbaiah
o Matrimonial remedies
o Restuon of conjugal rights – Secon 9
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o Constuonality of Secon 9
o Remedies available OR
Subsistance Unlock this page after an ad

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Withdrawal from the society

Validity of agreement of separaon


10
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Reasonable
 excuse All Documents
Defence available to restuon peon

Can a husband compel his wife to resign her job and stay with

him?
o Peon for restuon
Void and Voidable Marriages
Void Marriages
Secon 11. Void marriages :- Any marriage solemnized aer the

commencement of this Act shall be null and void and may, on a peon
presented by either party thereto, against the other party be so declared by a
decree of nullity if it contravenes any one of the condions specied in clauses
(i), (iv) and (v), Secon 5.”
A marriage is void in three circumstances:

– at the me of marriage, a party is having living spouse
– two persons come under prohibited degrees of relaonship
– two persons com under sapinda relaonships
 Constuonality of Secon 11 of the Act

 Applicability of Secon 11 of the Act
 Delay
 Death of a spouse
 Bigamous marriage
 Injuncon
 Third Person
 Eects of void marriage
Legimacy of children
Posion of Women
Voidable Marriages
 Grounds for the remedy

Impotency

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Unsoundness of Mind

Consent obtained by forceOR

 or fraud
Pregnancy of the
 bride
Peon for annulment

Decree for annulment


10
Whatbetween
Disncon
 is Scribd? void and voidable marriages All Documents
Legimacy of children of void and voidable marriages

Judicial Separaon – Secon 10 of the Hindu Marriage Act, 1955
A peon can be led on any of the grounds specied in sub-secon (1) and (2)
of Secon 13.
Judicial or legal separaon means living apart by the pares to the marriage. If
a decree for judicial separaon is passed by a competent Court, it is no longer
obligatory for either party to cohabit with the other. Such a decree does not
sever or dissolve the marriage. Yet it is equally true that certain mutual rights
and obligaons arising from the marriage are suspended when such a decree is
passed. AD Download to read ad-free.
In Hiranand S Managaonkar v. Sunanda, the Supreme Court has observed that

a decree of judicial separaon does not dissolve the bond of marriage but
rather provides an opportunity to the spouses for reconciliaon and
readjustment.
Grounds
 Adultery: Extra-marital voluntary sexual intercourse. In order to

establish extra-marital, one has to depend on ancillary facts which may
be:- circumstanal evidence, birth of a child to the wife when there is no
evidence of contact with her, contracng of a venereal disease,
admission on the part of the respondent, discovery of leers which
might contain such contents which suggest sexual relaonship between
the two
 Cruelty: There is mental as well as physical cruelty. To establish legal
cruelty, it is not necessary that physical violence should be used.
Connuous ill-treatment, cessaon of marital intercourse, verbal abuse
and insult, refusal to speak, ill-treatment of children, refusal to have
children, etc
 Deseron: Deseron is the act of forsaking or abandoning or the act of
quing without leave with an intenon not to return. Deseron has
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been dened in the Indian Divorce Act as “implying an abandonment
against the wish of the person changing
OR it”. In the case Shan Devi v.
Govind Singh, it has been
Unlockobserved
this page that
after for constung ‘deseron’ two
an ad Upload
essenal condions must be fullled namely (i) the factum of
separaon; and (ii) the intenon to bring cohabitaon permanently to 10
an end What is Scribd? All Documents
Conversion: Ceasing to be a Hindu by conversion on the part of the

either party to the marriage, forms a ground for a decree of judicial

separaon.
Unsoundness of Mind: The peoner has to establish that the

respondent has been incurably of unsound mind or has been suering

connuously or intermiently from mental disorder of such a kind and
to such an extent that the peoner cannot be expected to live with the
respondent.
Leprosy: If either of the party has been suering from venereal disease

in communicable form, then the other party can present a peon for
decree of judicial separaon. The leprosy which is maligned or
venomous can be termed as virulent. Lepromatous leprosy is virulent
and incurable.
Venereal Disease: It requires to establish for judicial separaon that the

respondent has been suering from venereal disease in a communicable

form.
Renunciaon of the world: The renunciaon implies a religious order

which operates as a civil death and, therefore, the other party has been
given right to obtain a decree of judicial separaon or divorce.
Presumpon of death: That the other party has not been heard of as

alive for a period of seven years or more by those persons who would
naturally have heard of him, had that party been alive.
Addional Grounds
 Bigamy: Marrying again during lifeme of husband or wife: Whoever,

having a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such
husband or wife, shall be punished with imprisonment and ne.
 Rape or sodomy or besality: The husband has, since the solemnizaon
of the marriage, been guilty of rape or sodomy or besality.
 In maintenance case: Either in a suit under Secon 18 of the Hindu
Adopon and Maintenance Act, 1956, or in a proceeding under Secon
125 of the Code of Criminal Procedure, 1973, a decree or order has been
passed against the husband awarding maintenance to wife and that
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since the passing of such decree or order cohabitaon between the
pares had not been resumed for ORone year or upwards.
In child marriage case:
 That,this
Unlock herpage
marriage
after anwas
ad solemnized before she Upload
aained the age of 15 years, and she has repudiated the marriage aer
aaining that age but before aaining the age of 18 years. 10
What is Scribd? All Documents
Power of Court to rescind the decree of Judicial Separaon
Secon 10(2) of the Act empowers the Court to rescind the decree of the
judicial separaon if it considers it just and reasonable to do so.
1. the decree has been obtained by showing reasonable excuse for his or
her absence
2. the pares cohabited with each other aer the decree was passed or
they have resumed living together
3. the opposite party has condoned the oence
Eects of Judicial Separaon
1. permits the pares to live separately

2. does not dissolve the marriage
3. husband and wife connue to have the same status
4. not be obligatory for them to cohabit with each other
5. does not prevent the pares from resuming cohabitaon and living
together as husband and wife
Divorce – Secon 13 of the Hindu Marriage Act, 1955
Divorce in Ancient Hindu Law
Under Hindu Custom, Marriage is considered as sacred and they have this
relaon by the blessings of the God. They believed the concept of “marriages
are made in heaven”. Hindus considered the separaon of couple as a sin and
hence the queson of living separately did not arise in olden days. Once
married, the e lasts ll the end of life.
Divorce means pung an end to the marriage by dissoluon of marital

relaons. The pares can no longer be husband and wife. Divorce was
unknown to the old textual Hindu law of marriage. Manu declared that a wife
cannot be separated from her husband either by sale or by abandonment
because marital e could not be severed under any circumstances whatsoever.
Manu did not approve of the dissoluon of marriage in any condion.
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Dissoluon of Marriage
OR
 Grounds available for both
Adultery:

Cruelty:

10
Deseron:
What is Scribd? All Documents
Conversion:

Unsoundness of mind:

Venereal disease:

Renunciaon of the world:


Presumpon of death:

Non-resumpon of cohabitaon aer the decree of judicial


separaon:
Non-compliance with the decree of restuon of conjugal rights:

o Grounds available for wife

Bigamy:

Rape, Sodomy and besality:


Maintenance decreed to Wife:


Repudiaon of Marriage by Wife:


Alternate Relief
Secon 13A of the Hindu Marriage Act, 1955 states “In any proceeding under
this Act, on a peon for dissoluon of marriage by a decree of divorce, except
in so far as the peon is founded on the grounds menoned in clauses (ii), (vi)
and (vii) of sub-secon (1) of Secon 13, the court may, if considers it just to do
having regard to the circumstances of the case, pass instead a decree for
judicial separaon”.
Divorce by mutual consent
Since Divorce is the last remedy available to put an end to the marital e, the
pares can decide to separate amicably, divorce peon may be submied by
any one of the spouses to the District Court on any one of the grounds given in
Secon 13 of the Act to take divorce on mutual consent. Divorce by mutual
consent was not incorporated in the original Act of 1955. It has been inserted
in the Secon 13-B by the Hindu Marriage (Amendment) Act, 1976.
 pares living separately for a period of one year or more

 not able to live together
 mutual agreement in dissolving the marriage
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consent of the pares has been obtained

OR
Disncon between judicial separaon and divorce
 The relaonship of husband and wife stands suppressed, while in

10
DivorceWhatthe isrelaonship
Scribd? of husband and wife ceases to exist All Documents
 Temporarily suspends the marital rights and dues of pares to
marriage for some me by Court, while Divorce puts an end to the
marital relaonship between the pares
 The object is the hope of adjustment, reconciliaon and reunion of the
spouses, while in Divorce, the object is to give the last resort
 The pares to the marriage cannot remarry, while in Divorce, the pares
are entled to get another marriage of his/her choice
 Original marital relaonship can be restored, while in Divorce, the
original marital status cannot be restored
 Aer obtaining the judicial separaon, the wife can le and succeed for
the maintenance, while in Divorce, the divorced woman cannot le for
the maintenance under Hindu Adopon and Maintenance Act
 It is a lesser remedy than divorce, but in Divorce, it is stronger, drasc
and last remedy than judicial separaon
Presentment of peon for divorce
Under Secon 14 of the Hindu Marriage Act, 1955, no Court shall entertain a
peon for divorce before expiraon of a period of one year from the date of
marriage, however this secon also provides that the Court may entertain
peon for divorce before one year on the ground of exceponal hardship to
the peoner or exceponal depravity of the respondent.
In the case of Meghanatha Nayyar v. Smt. Susheela, the Madras High Court
had observed that “Secon 14 provides restricons presumably designed to
prevent party from taking recourse to legal proceedings before the pares
have made real eort to save their marriage from disaster. It is founded on
public policy because marriage is the foundaon of civil society and no part of
the laws and constuon of a country can be of more vital importance to the
subject than those which regulated the manner and condions of forming and
if necessary, of dissolving marriage contract.”
Divorced persons when may marry again
Secon 15 of the Hindu Marriage Act, 1955 provides: “When a marriage has
been dissolved by a decree of divorce and either there is no right of appeal
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against the decree or, if there is such a right of appeal, the me for appealing
has expired without an appeal have been OR presented, or an appeal has been
presented but has been dismissed, it shall
Unlock this page be lawful
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marriage to marry again.”
10
Punishment of Bigamy
What and other matrimonial oences
is Scribd? All Documents
Secon 17 of the Hindu Marriage Act, 1955 states: “Any marriage between two
Hindus solemnized aer the commencement of this Act is void if on the date of
such marriage either party had a husband or wife living; and the provisions of
Secons 494 and 495 of the Indian Penal Code, 18600, shall apply accordingly.”
In Gopal Lal V. State of Rajasthan, it has been observed that where a spouse
contracts a second marriage while the rst marriage is sll subsisng, the
spouse would be of guilty of bigamy under Secon 17 of the Act and also under
Secon 494 IPC if it is proved that the second marriage was a valid one in the
sense that the necessary ceremonies required by law or by custom have been
actually performed.
Maintenance and Alimony
Secon 24 – Maintenance Pendente Lite
Dierence between Secon 24 of Hindu Marriage Act, 1955 and Secon 18 of

Hindu Adopons and Maintenance Act, 1956
Secon 25 – Permanent Alimony and Maintenance
Dierence between Maintenance pendente lite under Secon 24 and the

permanent alimony under Secon 25
Secon 27 – Disposal of Property
Case Laws:
 Amar Kanta Sen v. Sovana Sen, AIR 1960 Cal. 438 159
 Padmja Sharma v. Ratan Lal Sharma, AIR 2000 SC 1398
Customary Provisions and Legislave Provisions Relang to Dowry

Prohibion
THE DOWRY PROHIBITION ACT, 1961
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