Hindu Family Law Explained: Marriage, Divorce and Inheritance

Hindu Family Law is a part of personal law that presides over family matters among Hindus in India. It pertains to topics like marriage, divorce, maintenance, adoption, guardianship, and succession.

The law mainly emerged from ancient Hindu scriptures, customary practices, and codified legislation such as the Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Hindu Minority and Guardianship Act, 1956; and Hindu Adoptions and Maintenance Act, 1956.

Sources of Hindu Family Law

Hindu Family Law is based on both ancient and modern sources:

• Ancient Sources: These include Vedas, Smritis (such as Manusmriti, Yajnavalkya Smriti), and Commentaries (Mitakshara and Dayabhaga).
• Modern Sources: Includes legislations enacted by Parliament, judicial decisions, and customs recognized by courts.

Marriage Under Hindu Law

The Hindu Marriage Act, 1955, deals with marriages between Hindus. According to it, marriage is a sacramental as well as a contractual union.

Essentials of a Valid Hindu Marriage

• Parties must be Hindus: Both parties must be Hindus under the Act.
• Monogamy: Bigamy is prohibited, and a valid marriage requires that neither party has a living spouse.
• Mental Capacity: Both parties should be of sound mind.
• Legal Age: The groom should be at least 21 years old and the bride at least 18 years old.
• Sapinda and Prohibited Degrees: Marriage within certain close relations is forbidden unless permitted by custom.

Divorce under Hindu Law

The concept of divorce was incorporated in The Hindu Marriage Act of 1955 which was not a part of traditional Hindu law earlier. 

Section 13: Divorce Grounds

Either party may request divorce on one or more of the following grounds:

• Adultery
• Cruelty
• Two years or more desertion
• Change of religion
• Inherent insanity of one spouse
• Leprosy or venereal disease that cannot be cured
• Giving up the world
• Presumed death for seven years

Other causes for women: Once the husband has been proved to have committed rape, sodomy, or bestiality or once the wife was married before 15 and repudiated before 18 years of age.

Divorce by Judicial Separation

Under Section 10 of the Hindu Marriage Act, parties can seek judicial separation instead of divorce. It halts marital rights and obligations but does not terminate the marriage.

Maintenance and Alimony

The Hindu Adoptions and Maintenance Act of 1956, is related to the maintenance of wives, children, parents, and dependents.

• Maintenance of Wife: A Hindu wife is eligible for maintenance when she cannot support herself.
• Maintenance of Children and Parents: A Hindu father or mother is responsible for maintaining his or her minor children and aged parents.

Adoption Under Hindu Law

The Hindu Adoptions and Maintenance Act of 1956, regulates adoption.

Basic Conditions for a Valid Adoption:

• The adoptive parent must be capable and eligible.
• The child must be given and taken in adoption.
• A male Hindu requires the consent of his wife to adopt.
• The adopted child must be under 15 and unmarried.

Guardianship Under Hindu Law

Guardianship matters are governed by the Hindu Minority and Guardianship Act, 1956.

Types of Guardians

• Natural Guardian: Father is the natural guardian of a minor; after him, the mother.
• Testamentary Guardian: A person appointed by will.
• Court Appointed Guardian: In case of any dispute, the court can appoint a guardian.

Hindu Succession Law

The Hindu Succession Act of 1956 regulates inheritance and succession.

Concept of Coparcenary

According to the Mitakshara school, a son, grandson, and great-grandson automatically obtain an interest in ancestral property at birth.

Devolution of Property

• Male Hindu’s Property: Inherited among Class I heirs (wife, sons, daughters, mother, etc.). If no Class I heir, it goes to Class II heirs (father, siblings, etc.).
• Female Hindu’s Property: Inherited among her children and husband, and in their absence, to her parents.

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Conclusion

Hindu Family Law has been important enough to regulate the relationships within the family among Hindus in India. Codified statutes have modernized traditional Hindu legal principles by retaining the essential religious and customary aspects.

The legal framework ensures that there is gender equality, guards the individual rights of people, and offers practical adjustments in the social structure.

Frequently Asked Questions on Hindu Family Law

Q1. What is Hindu Family Law?

Ans1. Hindu Family Law governs family matters like marriage, divorce, adoption, guardianship, and succession among Hindus in India. It is based on both ancient scriptures like the Vedas and modern legislation such as the Hindu Marriage Act, 1955.

Q2. What are the essential elements for a valid Hindu marriage?

Ans2. A valid Hindu marriage requires both parties to be Hindus, must be monogamous, mentally capable, meet the legal age requirements (groom: 21, bride: 18), and not marry within prohibited degrees of relationship.

Q3. What grounds can lead to divorce under Hindu Law?

Ans3. Grounds for divorce under Hindu Law include adultery, cruelty, desertion for over two years, insanity, leprosy, change of religion, and more. Additionally, women can divorce in cases like rape, sodomy, or early marriage before 15.

Q4. What is judicial separation in Hindu law?

Ans4. Judicial separation allows parties to live apart, ending marital rights and obligations, without terminating the marriage. It is an option under Section 10 of the Hindu Marriage Act.

Q5. What does the Hindu Adoptions and Maintenance Act, 1956 cover?

Ans5. The Hindu Adoptions and Maintenance Act, 1956, governs the maintenance of wives, children, and dependents, ensuring financial support when they cannot support themselves.

Q6. How does Hindu law handle maintenance for a wife and children?

Ans6. A Hindu wife is entitled to maintenance if she cannot support herself, while parents are responsible for the maintenance of their minor children and aged parents under Hindu law.

Q7. What are the conditions for a valid adoption under Hindu law?

  Ans7. For a valid adoption, the adoptive parent must be eligible, the child must be under 15 years old and unmarried, and consent from the adoptive father’s wife is required.

Q8. What is the concept of coparcenary under Hindu Succession Law?

Ans8. In Hindu Succession Law, coparcenary refers to a joint family property where a son, grandson, and great-grandson automatically acquire an interest in ancestral property at birth under the Mitakshara school.

Q9. Who are considered the natural guardians of a minor under Hindu law?

Ans9. The father is the natural guardian of a minor, followed by the mother. In the absence of both, a testamentary guardian or a court-appointed guardian may be considered.

Q10. How is property inherited under Hindu Succession Law?

Ans10. Male Hindus’ property is inherited by Class I heirs like the wife, sons, and daughters. Female Hindus’ property is inherited by her children and husband, with inheritance passing to her parents in their absence.

Q11. Who is Hindu in Hindu Law?

Ans11. In Hindu law, a Hindu is a person who is born to Hindu parents, or who converts to Hinduism.