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Analysis on concepts of Hindu law with cases.


Hindu marriage Act, 1855


Marriage-

There are certain conditions that must be fulfilled in order to consider a marriage valid. They are explained under Sec.5 of the Hindu marriage act, 1955. They are presence of a consent by both the parties without any external pressure. The age of the bride and the groom are supposed to be more than 18 and 21 years respectively or must be majors according to the Indian Majority act,1875. The bride and the groom must be in a stable state of mind and should not be insane in the eyes of law at the time of marriage. Certain relationships are called prohibited degree relationships and such relationships include linear ascendants, wife of liner ascendants or descendants, wife or brother, father’s brother, mother’s brother, grandfather or grandfather’s brother. It also includes relationships like niece and uncle, nephew and aunt, children of brother and sister or of two brothers or of two sisters. The bride and the groom should not have any of these relationships except when it is accepted according to their custom to constitute a valid marriage. The marriage is valid through customs(Sec.7 Hindu marriage act, 1955) of and it can also be registered according to the Sec.8 of the act.

Restitution of conjugal rights.

In the case where the wife or the husband moves away from the other and his not able to provide any valid reason for the same, the other spouse can file for restitution of conjugal rights. This is filed in the district court. The court may then listen to the parties and decide on what is to be done. It may accept the petition or reject it followed by granting a decree. This is a process to be followed as per Sec.9 of the Hindu Marriage act,1855.


Judicial Separation-

The wife or husband can seek judicial separation(According to Sec.10 Hindu Marriage act,1855) of the on the grounds that the spouses has solemnized the marriage or on other such grounds. They include the husband or wife having a extra marital consummation ,treated him/her with cruelty ,has deserted the petitioner for more than two years after filing the petition, has ceased to be a Hindu or has been of unsound mind or on any such other grounds as per clause one of Section 13. When a judicial separation is granted, it will be no longer mandatory for the petitioner to cohabit with the respondent.


RESTITUTION OF CONJUGAL RIGHTS

In the case where the wife or the husband moves away from the other and his not able to provide any valid reason for the same, the other spouse can file for restitution of conjugal rights. This is filed in the district court. The court may then listen to the parties and decide on what is to be done. It may accept the petition or reject it followed by granting a decree. This is a process to be followed as per Sec.9 of the Hindu Marriage act,1855.



JURISDICTION AND PROCEDURE


  • In the case of V Bhagat v. D Bhagat

Facts-

The husband filed a case on the wife citing adultery as a ground. He suspected that his wife was having an extra marital relationship. Th wife denied all the allegations. The husband later changed the ground to mental cruelty and asked for divorce.

Issues-

Whether the marriage can be dissolved I the grounds of mental cruelty?

Law involved- Section 13 of the Hindu Marriage Act,1855.

Judgement-

The allegations of the wife were untrue and had no proofs and the divorce was granted considering the husband insane.


  • In the case of Dr. Narayan Ganesh Dstane v. Sucheta Narayan Dstane

Facts-

Husband files a petition against wife, seeking divorce on the grounds of Cruelty.

The husband claimed that she didn’t behave normally. She removed her mangal sutra several times and was also beating her child when she was not well. The wife had her own subsequent defenses and counter allegations.

Issues-

Whether the acts of the wife amount to mental cruelty?

Law involved- Sec.13 and Sec.23(1) of the Hindu Marriage Act,1855.

Judgement-

The acts of the wife can amount to mental cruelty but the husband continued to have sexual relations with her and this will not allow the divorce to be granted as per Sec.23(1) of the Hindu marriage act,1855.

Quantum of Maintenance

Rajnesh Vs. Neha and Ors.

Facts-

Wife left the matrimonial house after the birth of her son and she filed for maintenance. The court issued notice to husband and asked him to file income tax returns. The husband was given an opportunity for payment of the maintenance. The orders were disobeyed.

Issue-

Whether the maintenance is to be paid?

Laws involved- Sec. 21A,Sec. 22, Sec.24, Sec.25, Sec.26, Sec.14, Sec.9, Sec.11 of the Hindu Marriage act,1855.

Judgement-

The leave was granted. The court awarded maintenance to the wife.

CASES

  • In the case of Khushi Ram and Ors. vs. Nawal Singh and Ors.

Facts- The holder of an agriculture land has 2 sons and one of them died. Appellants are the descendants of the son who was alive. It was also argued that since consent decree in absence of registration, no right or title would pass in favour of Defendants.


Issues-

(1)Whether the decree dated 19.08.1991 passed in Civil Suit No. 317 of 1991 requires registration Under Section 17 of the Indian Registration Act, 1908?; and

  1. Whether the Defendant Nos. 1 to 3 were strangers to Defendant No. 4 so as to disable her to enter into any family arrangement with Defendant Nos. 1 to 3?


Laws involved- Sections, 11,14,15,16,17,20,21 of the Hindu Secession act,1956


Judgement- All the Courts have rightly dismissed the suit of the Plaintiffs-Appellants, which need no interference. This appeal is dismissed. Parties shall bear their own costs.


  • In the case of Vineeta Sharma vs. Rakesh Sharma and Ors.

Facts- The deceased’s property was not given to the daughter and section 6 of the act which involves co-parcenery rights of the daughter was in question.


Issues-

  1. Whether daughter had coparcenry rights in property even if their father was not alive when Hindu Succession (Amendment) Act, 2005 came into force.?

  2. whether the redistribution of shares can be claimed by the daughters by amended Section 6, as substituted.?

  3. whether born before 2005 or after that, is considered a coparcener?


Law involved- Sec.3, 4 of Hindu Succession (Amendment) Act, 2005 and Sections 6,8,9,10,23,29,30 of the Hindu Secession act,1956.


Judgement- The SC overruled the views to the contrary expressed in Prakash v. Phulavati and Mangammal v. T.B. Raju and Ors. The opinion expressed in Danamma Suman Surpur and Anr. v. Amar is partly overruled to the extent it is contrary to this decision. Let the matters be placed before appropriate Bench for decision on merits.


Hindu Succession Amendment act, 2005

The Hindu Succession Amendment act, 2005 is an amendment to the existing 1956 act. It was enacted to remove certain gender disparities. This act brought in Section 6, which gives both boy and girl equal rights and liabilities from their birth on the property inherited. The act repeals sections 23 and 24 which are against the women and widow rights. This act divides the inheritance of a intestate’s property into classes and specifies the chronological and the amount of shares each person would receive in the case of intestate succession. It specifies certain rules of Inheritance and makes the process clear and transparent.


By Tanmayi, Law Student




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