Family Law 2
Unit 1: Family Relations
Hindu Marriage Act 1955, Hindu Adoption and Maintenance Act 1956, Hindu Minority and Guardianship Act 1956, and Hindu Succession Act 1956.
Application of Hindu Law
The following people are considered to be Hindu with respect to application of Hindu Law. * Hindu by Religion - A person who is Hindu, Jain, Bauddha, or Sikh by religion. Converts and Reconverts are also Hindus. SC, in the case of Peerumal v Poonuswami AIR 1971, has held that a person can be a Hindu if after expressing the intention of becoming a Hindu, follows the customs of the caste, tribe, or community, and the community accepts him. * Hindu by Birth - A person who is born of Hindu parents. If only one parent is a Hindu, the person can be a Hindu if he/she has been raised as a Hindu. In Sapna vs State of kerala, Kerala HC, the son of Hindu father and Christian mother was held to be a Christian. * Persons who are not Muslim, Christian, Jew, or Parsee by religion. * Persons who are not governed by any other religious law will be governed by Hindu Law.
Origin of Hindu Law It is believed that Hindu law is a divine law. It was revealed to the people by God through Vedas.
Sources of Hindu Law: Ancient and Modern.
1. Ancient Sources: four categories:
A. Shruti Shruti means "what is heard". It is believed that the rishis and munis were revealed the knowledge of Vedas. shrutis include the four vedas - rig, yajur, sam, and athrava along with their brahmanas. Vedas primarily contain theories about sacrifices, rituals, and customs. Vedas do refer to certain rights and duties, forms of marriage, requirement of a son, exclusion of women from inheritance, and partition but these are not very clearcut laws. Shrutis basically describe the life of the Vedic people. The vedic period is assumed to be between 4000 to 1000 BC.
B. Smruti Smrit means "what is remembered". With smrutis, a systematic study and teaching of Vedas started. Many sages, from time to
Hindu Marriage Act 1955, Hindu Adoption and Maintenance Act 1956, Hindu Minority and Guardianship Act 1956, and Hindu Succession Act 1956.
Application of Hindu Law
The following people are considered to be Hindu with respect to application of Hindu Law. * Hindu by Religion - A person who is Hindu, Jain, Bauddha, or Sikh by religion. Converts and Reconverts are also Hindus. SC, in the case of Peerumal v Poonuswami AIR 1971, has held that a person can be a Hindu if after expressing the intention of becoming a Hindu, follows the customs of the caste, tribe, or community, and the community accepts him. * Hindu by Birth - A person who is born of Hindu parents. If only one parent is a Hindu, the person can be a Hindu if he/she has been raised as a Hindu. In Sapna vs State of kerala, Kerala HC, the son of Hindu father and Christian mother was held to be a Christian. * Persons who are not Muslim, Christian, Jew, or Parsee by religion. * Persons who are not governed by any other religious law will be governed by Hindu Law.
Origin of Hindu Law It is believed that Hindu law is a divine law. It was revealed to the people by God through Vedas.
Sources of Hindu Law: Ancient and Modern.
1. Ancient Sources: four categories:
A. Shruti Shruti means "what is heard". It is believed that the rishis and munis were revealed the knowledge of Vedas. shrutis include the four vedas - rig, yajur, sam, and athrava along with their brahmanas. Vedas primarily contain theories about sacrifices, rituals, and customs. Vedas do refer to certain rights and duties, forms of marriage, requirement of a son, exclusion of women from inheritance, and partition but these are not very clearcut laws. Shrutis basically describe the life of the Vedic people. The vedic period is assumed to be between 4000 to 1000 BC.
B. Smruti Smrit means "what is remembered". With smrutis, a systematic study and teaching of Vedas started. Many sages, from time to