Wife was ready to live with husband but the husband was not willing to live together. Old Javanese legal traditions in pre-colonial Bali. One of the gravest cases of the Supreme Court which deserves much criticism is the case of Krishna Singh v. The Smritis are admitted to possess independent authority but while their authority is beyond dispute, their meanings are open to various interpretations and has been and is the subject of much dispute. Allahabad: Manav Law House, 1983. Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law. It is obvious that the judge considered the entire question of restitution from the point of view of the woman.
The time frame of this period of Hindu law begins with the formal independence of India from Great Britain on August 14, 1947, and extends up until the present. Thus the following persons are coparcener:- Who are the natural guardian:- Under Section 4 c of the Hindu Minority and Guardianship Act, 1956 the meaning of natural guardian is the father of and after him the mother. Further, it is not correct to think that coercing a person that his property would be attached and sold away can change the attitude of the adamant spouse and make him obey the decree. Their subject matter is almost the same. Thus upon gaining independence, many of the same laws that governed the country during colonialism were maintained as such, making the Indian Constitution and legal system heavily laden with Hindu legal traditions at its foundation.
The remedy of restitution aims at cohabitation and consortium and not merely at sexual intercourse. The High Courts have jurisdiction over a state, a union territory or a group of states and union territories. This is precisely what has been taken care of in India as the history of the Act would show. Customs and Usages: Customs and usages in general have played a vital role in the evolution of law, but in Hindu law they have special significance. The Judicial System of the Marathas. Court held this behaviour of husband to be cruelty because such circumstances arose that it became difficult for wife to live with the husband. When situation of desertion continues for more than two years, then it shall be the ground of divorce.
In most of the manuscripts, the ethical, moral and legal principles are woven into one. Indian Courts recognize three types of customs viz: a Local custom — these are customs recognised by Courts to have been prevalent in a particular region or locality. In case of a conflict between the rules of smrities that should be followed which is based on reasons, justice and principles of equity. The ordinary presumption is that a Hindu is governed by the law of the land where he resides. The truth is that the legislature has not accepted the breakdown theory in toto, as has been accepted in England. It is a settled law that there is a presumption that parties residing in particular area are governed by the lex loci unless migration is proved. Various forms of Hindu religion.
If the permission is not obtained it will be voidable. There are four Vedas namely, Rig Veda containing hymns in Sanskrit to be recited by the chief priest , Yajurva Veda containing formulas to be recited by the officiating priest , Sama Veda containing verses to be chanted by seers and Atharva Veda containing a collection of spells and incantations, stories, predictions, apotropaic charms and some speculative hymns. It is of two types first is prose style and the other is of poetry style. Hindu Law and the Constitution, 2nd ed. Though efforts to modernize and increase the legal rights of the marginalized have been made most notably with the passage of the Hindu Code Bills and the establishment of notable legal precedents , the modern legal situation is, like all legal systems across the world, far from perfect.
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. Shruties are considered as the primary and paramount source of Hindu Law. It is reason that wife is called the second half. The author can be reached at: debanshukhettry legalserviceindia. Decisions of the Privy Council and of high courts are binding on the subordinate courts. The provision under Muslim law is almost the same as under the modern Hindu law, though under Muslim law and under the Parsi Marriage and Divorce Act, 1936 a suit in a civil court has to be filed and not a petition as under other laws.
A few scholars have suggested that the Dharma-related Smritis such as Manusmriti, Naradasmriti and Parashara Smriti do not embody the Hindu law but are commentaries and scholarly notes on more ancient authoritative legal texts that have been lost or yet to be found. The burden of proving that the family came from some other tract and is, therefore, governed by some other branch of Hindu law is on the party which asserts it. It is believed that the rishis and munis had reached the height of spirituality where they were revealed the knowledge of Vedas. It protects the society from denigrating. The term Veda is based on the tradition that they are the repository of all knowledge.
Yagyavalkya smriti is divided into 3 parts and is extremely clear, brief and organised. Any party of the marriage can present an application for judicial separation and dissolution of marriage. Father-in-law physically misconducted with her. She also left her matrimonial home. One of the important thing that desertion requires guilt by one of the parties i.
K, Hindu Law, 1st Ed. The literal meaning of Smriti is whatever was remembered. Its observance has been invariably insisted by the ancient Dharamashtra writers. The rules laid down in Smritis can be divided into three categories viz. Section 9 is also criticized for being an instrument of forced sexual relation and hence being violative of right to privacy guaranteed under Article 21. Those persons who believe in all faiths or in conglomeration of faiths may fall under this class.
Few examples of important Statutes are The Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance Act, 1956, The Hindu Succession Act, 1956, The Hindu Minority and Guardianship Act, 1956, etc. Manu Smriti: I: 108-110 as cited in Gandhi, B. It is the very soul of marriage and this section enforces the right of cohabitation. But if the male Hindu has a wife living at the time of adoption, he shall not adopt except the consent of his wife. The Dayabhaga and Mitakshara are the two major schools of Hindu law. Some also disapprove of the notions of caste-based system created by ancient Hindu law from which emerged the ill-perceived practices of untouchability, etc.