Friday, January 2, 2009

Hindu Persosnal Law


Personal Law:
Personal Law means the specific laws which are personal to some specific groups or race and which are protect the individual rights and provide social security. Personal Laws are relevant justification for ensuring human justice. The Regulating Act 1773 was the first of its kind which allowed the Hindus to follow their responsive Personal Laws .

Types of Personal Law:
  1. Indian Succession Act-1925
  2. Hindu Marriage Act-1955
  3. Hindu Minority & Guardianship Act-1956
  4. Law of Adoption

1. Indian Succession Act-1925:

Intestate Succession among Hindu is governing by its own Personal Law. Therefore this act deals with the-

  • Intestate succession among other communities in India
  • Testamentary succession of all the communities

Extends:

This Act Extend to the all states of India except the state of Jammu & Kashmir.

Applicable:
This Act is Applicable to a Hindu, Budhist, Jaina and sikh and to any person other than muslim , christian, parsi or jew.

Share of the Widow:

1/3 of the state shall devolve upon the widow & remaining 2/3 shall go to the lineal descendants.

Share of Children:

After deducting the widow's share the remaining estate shall go to the child of the deceased or equally among the children of the deceased.

Rules where there have no children:

Where the deceased have no children, 1/2 of the property of the deceased has given to the widow and remaining 1/2 to the father.

2. Hindu Marriage Act-1955:

The Hindu Marriage Act make provision for the marriage, registration, restitution of conjugal rights, judicial separation and divorce etc.

Extends:

This Act extends to the all states of India except the state of Jammu & Kashmir.

Applicable:

This act is applicable to a Hindu, Budhist, Jaina and sikh and to any person other than muslim , christian, parsi or jew.

Conditions for Hindu Marriage:

  • The groom should completed the age of 21 years and the bride 18 years.
  • The parties are not within the prohibited relationship unless the custom or usage governing each of them permits.
  • The parties are not sapindas of each other unless the custom or usage governing each of them permits.

Ceremonies for Hindu Marriage:

A Hindu Marriage may be solemnized as per the customary rites and ceremonies of either party. The marriage becomes complete and binding when the "Seventh Steps" has completed.

Registration of HIndu Marriage:

To facilitate the proof of Hindu marriage the state government may make rules for the registration of Hindu marriages.

3. Hindu Minority & Guardianship Act-1956:

Under this act, the term HIndu means Hindu, Budhist, jaina or sikh.

Extension:

This Act extends to the all states of India except the state of Jammu & Kashmir.

Natural guardian of a Hindu Minor:

  • In the case of a boy or an unmarried girl, the father and after him the mother, however the custody of a minor who had not completed the age of five years shall generally be with the mother.
  • In the case of an illegitimate boy or an illegitimate un-married girl the mother and after her the father
  • In case of a married girl the husband
  • The natural guardian of a Hindu Minor has the power to do necessary, proper and reasonable acts for the benefit of the minor or for the realization, protection or benefit of a minor's estate but he shalln't bind the minor by a Personal covenant.
  • Where the Minor is a girl the guardian so appointed shall cease in her marriage.

4. Law of Adoption:

Extention:

This Act extends to the all states of India except the state of Jammu & Kashmir.

Requisities for a Valid Adoption:

No adoption shall be valid unless-

  1. The person adopting, has the capacity and right to do so
  2. The person giving in adoption has the capacity to do so
  3. The person adopted is capable of being taken in adoption &
  4. The adoption is made in accordance with the provisions of this Act(sec-6)

Capacity of a Male Hindu to adopt a child:

Any male Hindu who is of sound mind but not a minor has the capacity to take a son or daughter in adoption, if he has a wife her prior concern is require.

Capacity of a female Hindu to adopt a child:

A female Hindu has the capacity to take a son or daughter in adoption if-

  • She is not having sound mind
  • She is not a minor
  • She is not married or if married get permission from her husband


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