The term Hindu is derived from Greek Word “Indoi”.
The Greeks used called inhabitants of “Indus Valley” was “Indoi”. The Law governs
the Hindus is called as “Hindu Law”.
Acts : 1955 and 1956
Hindu Marriage Acts 1955
Hindu Succession Act 1956
The Hindu Adoption and Maintenance Act 1956
The Hindu Minority and Guardianship Act 1956
Hindu By Religion: Any Person Who is Hindu, Sikh,
Jain or Buddist by Religion is Hindu by religion.
Hindu by Conversion: Any person who is converted
or Re-converted from Non Hindu
Hindu by Birth: Any Person Who is born of Hindu,
Sikh, Jain or Buddist Parent is Hindu by religion.
1.
Sruti
(Vedas): Rig, Sam, Yajur and Atharva Ved Contains Voice of God
2.
Smritis:
Next to Vedas, what was remembered by Sages, Called Dharmasutras
3.
Digests
and Commentaries: Manutika, Manubhashya, Mitakshastra, Dayabhaga
4.
Custom:
Achara or usage. Bonafide practice from generations to generations
1.
Equity,
Justice and Good Conscience
2.
Precedent
Vijneshwara Commentry on Yadnyavalkya smirti ,
across India except Bengal and Assam.
Deals with all titles of Law
Dravida or Madras School
Maharashtra or Bombay School
Banaras
Mithila School
Punjab School
Jamoothava Smriti in Bengal and Assam.
Deals with partitions and inheritance
|
Mitakshastra School |
Dayabhaga School |
|
Joint Family: Son, grandson, great grandson acquires
right by birth in ancestral property |
Joint Family: There is no such right by birth.
Ownership arises only after death of father |
|
Survivorship: Brother who inherits property from
father have the right of survivorship |
Survivorship: Dayagbhaga does no recognize such
survivorship |
|
Widow’s Rights: When one of the brothers dies, widow
can succeed to share |
Widow’s Right: Widow’s cannot succeed but entitled
to maintenance |
|
Sapind (Heirship): Relationship of Sapinda arises
according to Community of Blood |
Sapind (Heirship): The Heirship arises by means of
pind offering (Spiritual Benefit) |
The Mitakshara system is Conservative. It
provides good security in times of difficulties as a member can rely on the
joint family. However, sometimes a member can become a parasite. The Dayabhaga
system is more liberal.
Law : Hindu Marriage Law Act – 1955, Amendment 1976
Five Essentials
|
Monogamy |
Relation with only one partner |
|
Sanity |
Sound Mental Health |
|
Age |
15 Yrs / 18 Yrs
Further Amended to 18 Yrs / 21
Yrs |
|
Beyond Prohibited Degree |
Ancestor and Descendants |
|
Beyond SAPIND Relationship |
Father – 5 Generation Mother 3 Generation |
