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Hindu Family Law in India

Introduction​

Hindu family law in India is based on the Hindu Marriage Act, 1955, and various other statutes. This guide will explore the key aspects of Hindu family law, providing insights for law students and LLB students.

Key Concepts​

Definition of Hindu​

A "Hindu" is defined under Section 2 of the Hindu Marriage Act as:

  • A person who professes the Hindu religion;
  • Any person domiciled in India and either is a Hindu by religion or is not a Muslim, Sikh, or Christian;

Validity of Marriage​

Section 5 of the Hindu Marriage Act states that a marriage may be solemnized between any two persons, male or female, subject to certain conditions. These conditions include:

  • Both parties must be capable of giving valid consent;
  • Neither party should be incapable of giving valid consent due to unsoundness of mind;
  • Neither party should be suffering from mental disorder of such a kind or to such an extent that the party cannot give valid consent;
  • Neither party should be suffering from renal failure;
  • Both parties should not be related as brother and sister, uncle and niece, aunt and nephew, or child and parent, whether by blood relationship, marriage, or adoption;

Void Marriages​

Section 11 of the Hindu Marriage Act declares certain marriages to be void. These include:

  • Marriage solemnized in contravention of Section 5;
  • Marriage with a relative within the prohibited degrees of affinity;
  • Marriage performed in ignorance of the existence of a previous marriage;

Voidable Marriages​

Section 13 of the Hindu Marriage Act provides for voidable marriages. These include:

  • Marriage contracted through fraud;
  • Marriage contracted without the full understanding of the nature of the ceremony;
  • Marriage contracted under compulsion;
  • Marriage contracted in contravention of Section 5;

Divorce​

Section 13B of the Hindu Marriage Act provides for divorce on grounds of cruelty, desertion, adultery, and other reasons. Case law illustrates the application of these provisions:

  • In Rajesh Agarwal v. Neelam Agarwal (2008), the Supreme Court held that continuous harassment and humiliation constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act.

Maintenance​

Section 18 of the Hindu Marriage Act provides for maintenance rights. Case law has expanded on this provision:

  • In Sarojini v. Suresh Cander (1997), the Supreme Court ruled that a wife is entitled to maintenance even if she has sufficient means of her own.

This guide covers various legal sections relevant to Hindu family law in India. Some key sections include:

  • Section 2: Definition of Hindu
  • Section 5: Validity of Marriage
  • Section 11: Void Marriages
  • Section 13: Voidable Marriages
  • Section 13B: Divorce
  • Section 18: Maintenance

Conclusion​

Understanding Hindu family law is crucial for law students and LLB students. This guide provides an overview of key concepts, case laws, and legal sections. Students should refer to the original statutes and recent case laws for comprehensive knowledge.

Case Law Illustrations

Cruelty in Marriage​

In Rajesh Agarwal v. Neelam Agarwal (2008), the Supreme Court defined cruelty in the context of Hindu marriage law:

"Continuous harassment and humiliation constitute cruelty."

Legal Section: Section 13(1)(ia) of the Hindu Marriage Act, 1955

Desertion​

In Dastane v. Dastane (1970), the Supreme Court clarified the concept of desertion:

"Desertion for a period of two years without reasonable cause shall be deemed to be sufficient ground for granting decree for divorce."

Legal Section: Section 13(1)(i) of the Hindu Marriage Act, 1955

Adultery​

In Vishwanath Agarwal v. Smt. Savitri Devi (1985), the Supreme Court ruled on the interpretation of adultery:

"The act of sexual intercourse with another man's wife constitutes adultery."

Legal Section: Section 13(1)(ii) of the Hindu Marriage Act, 1955

Maintenance Rights​

In Sarojini v. Suresh Cander (1997), the Supreme Court expanded on maintenance rights:

"A wife is entitled to maintenance even if she has sufficient means of her own."

Legal Section: Section 18 of the Hindu Marriage Act, 1955

Additional Resources

For further study, consider consulting:

  • The Hindu Marriage Act, 1955
  • The Hindu Succession Act, 1956
  • The Guardianship and Wards Act, 1890
  • Recent case law reports from the Supreme Court of India

Remember to always refer to the most up-to-date legal texts and case laws when studying Hindu family law in India.