The adoptive parent/s have the capacity and rights to adopt; The person/s giving up the child for adoption has the capacity to do so; The person being adopted has the capacity to be taken in adoption; The adoption is made in compliance with the act. Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. As referred to in the  “Bhagwat Geeta”,  God creates a life using the principles of Dharma. The respondent should be settled in the jurisdiction of the court where the petitioner filed the petition. This law school tends to cover the whole southern part of India. The concept of mutual consent for marriage was prevalent in the old Hindu system, however, the solemnization of marriage coming out of the mutual consent was very low. Section 125 CrPC, of course, provides for maintenance of a destitute wife and Section 498-A IPC is related to mental cruelty inflicted on women by their husbands and in-laws. The same was held by the Hon’ble Supreme Court in the case of Smt. Both the individuals are required to be present physically at the time of marriage. It is not just the breakdown of marriage but it is also the wreckage of two united families at the time of marriage. Section 20 sub-section 1 states that every petition of divorce presented under the Hindu Marriage Act 1955 should be distinctly examined based on the nature and facts of the case depending on which the claim of relief is decided. Lepromatous leprosy is a virulent and incurable form of leprosy and thus a ground for divorce. Generally when a custom attains the judicial recognition no further proof is required, however in certain cases where the customary practices do not attain the judicial recognition, the burden of proving lies on the person who alleges its existence. It is considered as a base for the growth of Hindu law in the modern world. The court held that the contention of the petitioner that the judgment of Sarla Mudgal amounts to the violation of freedom of conscience and free profession, practice and propagation of religion as guaranteed under Article 25 and 26 of the Constitution, is far fetched and is alleged by those who hide behind the cloak of religion to escape the law. Section 19 of the Hindu Adoption and Maintenance Act states the same, but the father-in-law shall only be liable to pay maintenance if: In case she has no property of her own and any property of her husband, parents or children are not fetching her any maintenance. As the fact is considered to be a concrete establishment and is deemed to be legally binding. It contains the sacred words of the god. It also applies to any person living outside this territory except who is a Muslim, Christan, Parsi, or Jew by religion or it is proved that such person is being governed by Hindu law. However different parts of the country practice law differently because of the different customary rules followed by them. There are 3 types of guardian who are in the following: According to Section 4(c) of the Act, the natural guardian assigns to the father and mother of the minor. Maintenance is paid to provide aids for the basic needs of everyday life in case a person does not have the source or ability to provide for themselves. Possibility of inter-caste relations became high. The spousal maintenance is determined on the existence of various factors by the court as follows: On consideration of factors by the competent court, maintenance can be granted on the following basis-. Conventional customs are customs that are related to the incorporation of an agreement and it is conditional. Thus she has the right to revoke the marriage before the attainment of 18 years of age. The words “Hindu wife” used in Section 18 includes only lawful wife or legally wedded wife if it does not include wife married during subsistence of first marriage. Statutory laws are the laws which are made for legislation. SOURCES OF HINDU LAW. But, if the property was transferred for consideration and notice was not provided regarding the maintenance then the transferee will not be liable to make any payments for maintenance. What updates do you want to see in this article? One spouse is entitled to the society, comfort and consortium of each other. Modern Hindu law refers to one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians. A mother will have the capacity to give the child up for adoption if: The section clearly mentions that the father and mother mean biological parents and not adoptive parents. The second requirement for registration under Hindu Marriage Act, 1955 is any document that provides the date of birth of the individuals. Irretrievable breakdown of the marriage may become an excuse where the married couples may always feel that little arguments are unreasonable as a result of which there is no probability of them staying together. Following are the essential points which constitute a custom-. What is legislation? What court marriage does is it removes the rituals and ceremonies that happen in traditional/religious marriages. They have equal rights to the assets. It is a relationship from birth to birth, it is a bond which continues after rebirth and death. He/she must not have an incestuous relationship with anyone from their biological family, and should not marry anyone from their birth family. Sodomy is committed by an individual who has sexual intercourse with an individual from similar sex or with a creature or has non-coital carnal copulation with an individual from the contrary sex. Ancient sources of Hindu law include shruti, smriti, commentaries digests, and customs and usages. There is a further classification of the term Smrities which are as follows. Judicial decisions are considered to be the most important ingredient of modern sources. The primary sources of Muslim Law are the Quran, Sunnat, Ijma, and Qiyas. A customary rule must be in the complete observation of society. Rape is additionally a criminal offense and characterized in. Brahmins, according to the dharma texts, have the duty to accept gifts. If the respondent is pregnant with a child of someone other than the bridegroom while marrying. Adoption has been described in Manusmriti as ‘taking someone else’s son and raising him as one’s own’. The Hindu Minority and Guardianship Act was established to empower the Guardians and Wards Act of 1890 and provide better rights and protection to children instead of acting as a replacement of an already prevalent act. Section 26 of the same act deals with the custody, maintenance and education of minor children. One of the sources of law is legislation which means ‘rulemaking’. The groom shall attain the age of 21 and the bride attains the age of 18. In 1956 as a part of Hindu Code Bills, the Hindu Minority and Guardianship Act along with Hindu Marriage Act, Hindu Succession Act and Hindu Adoption and Maintenance Act were established under the leadership of Jawaharlal Nehru in order to modernize prevalent scenario of Hindu legal tradition. Under the Hindu law the difference between the Mitakshara school and the Dayabhaga school is not recognised as in the present scenario there exists one uniform law of succession for all the Hindus. The principles of the law school prevail in the north. The doctrine of factum valet states that once an act is done or a fact is accomplished it can’t be altered by the written texts of laws. The only way to alter an agreement is by way of another agreement, and the decree can be altered by amendment of degree. Thus it is not an open court where one could be allowed. It played a very major role in developing the very concept of Hindu law. In the modern world, a father can’t get the girl married to any without a girl’s consent. Illustration: If there are two parties ‘A’ and ‘B’ where, ‘A’ is the husband and ‘B’ is his wife. According to Hinduism, this sacrament is one of the most important sacraments out of 16 sacraments in Hinduism. Manu-Smriti has also laid great importance on this form of marriage. 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