1. Explain the sources of Hindu Law.

Ans. The sources of Hindu Law may be divided and discussed under two major heads:
(i) Ancient Sources:
(a) Sruti: Sruti means that which was heard. This word has been derived from the word
'Sru' i.e., to hear. The Srutis are believed to contain the very words of God. These are the
paramount and primacy source of Hindu Law. They are supposed to be the divine utterances
to be found in the four Vedas, the six Vedangas and the eighteen Upanishads. They are
mostly religious in character and the means of attaining true knowledge and moksha or
salvation.
(b) Smriti: They are utterances and precepts of the Almighty, which have been heard and
remembered and handed down by the Rishis (sages) from generation to generation. The
smrities are divided into Primary and Secondary Smrities, contained in Dharma Sutra (Prose)
and Dharmashashtras (poetry). The exact number of smrities is not known, but Manu Smriti
is the earliest one. Although Smrities deal with rules of morality and religion, they are more
secular than the Sruties.
(c) Digests and Commentaries: After the Smrities, the next step in the development of
Hindu Law was the composition of a number of commentaries (tika) and Digests (nibandha)
based upon the Smriteis. The commentaries are to interpret the law, as laid down in the
Smrities. The writing on a particular Smriti is called commentary, while the writing on
different smrities is called Digests. There are number of commentaries, but main are:
(I) Daya Bhaga by Jimutavahana (II) Mitakshara by Vijnamshwara
(d) Custom: When human beings started living in groups, it was but natural that they
should, for a harmonious group life, conform to certain patters of human behaviour. Thus, in
the course of time, a pattern of behaviour emerged and is called usage or custom. There are
three types of customs, namely, local custom, class custom, and family custom. A custom
should be ancient, invariable and continuous, certain, reasonable, moral, not opposed to
public policy, and it must not be forbidden by any express enactment of the legislature.
(ii) Modern Sources:
(a) Judicial Decisions: Today, the doctrine of stare decisis is a part of Indian Law. The
decisions of the Supreme Court are binding on all courts, though the Supreme Court is not
bound by its own decisions. The decisions of the State High Courts are binding on all
subordinate courts of their respective States, though decisions of the one High Court are not
binding on other High Courts.
(b) Legislation: It has been an important factor in the development of Hindu Law. Most of
them are in the direction of reforming Hindu Law and some of them supersede Hindu Law.
Prior to the British rule, it was difficult to find fixed principles of law on several areas. So,
the British Government passed certain Acts which have effect of changing the religious
nature of Hindu Law in several instances. Some of the important legislations are: The Indian
Majority Act, 1875; the Transfer of Property Act, 1882; the Special Marriage Act, 1954, the
Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, etc., etc.
(c) Equity, Justice and Good Conscience: In the absence of any specific law in the
Smiritis, or in the event of a conflict between the Smritis, the principles of justice, equity and
good conscience would be applied. In other words, what would be most fair and equitable in
the opinion of the Judge would be done in a particular case.
These laws are applicable as long as they are consistent to the Constitution. In the
case of Krishna Singh v. Mathura Ahir The ban which was upon the Sudras is abrogated,
because it is inconsistent with the Fundamental Rights of the Constitution.

2. Who is Karta and what are his powers?

Ans. Karta (Manager): Property, belonging to a joint family, is ordinarily managed by the
father or another senior male member of the family. Under Hindu Law, the manager of a
joint family is called Karta. But such a senior member may give up his right of management,
and a junior male member of the family may be appointed as the Karta with the consent of
other members. But a minor member of the family cannot be a Karta. In the absence of any
major member, the court may appoint a guardian for the whole of the joint family property.
And, he is not the partner or agent of the family, he is more like that of a trustee.
Powers of Karta: (1). Power over the income or expenditure. (2) Power to manage joint
family business. (3) Power to contract debts. (4) Power to acknowledge debts. (5) Power
to start a new business. (6) Power to refer disputes to arbitration. (7) Power to
compromise.
Duties and liabilities of the Karta: (1) Duty to render accounts. (2) Duty to realise debt
due to the family. (3) Duty to spend reasonably. (4) Duty not to start a new business
without the consent of the coparceners. (5) Duty not to alienate coparcenary property
without legal necessity or for the benefit of the estate.

3. Write about conditions and ceremonies of Hindu Marriage, according to the Hindu
Marriage Act, 1955.
Ans. Section 5 of the Hindu Marriage Act provides the conditions of a Hindu Marriage .
According to this section a marriage may be solemnized between any two Hindus, if the
following conditions are fulfilled namely:-
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage ,neither party –
(a) is incapable of giving a valid consent to it in consequences of unsoundness of mind ;or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such
a kind or to such an extent as to be unfit for marriage and the procreation of children ; or
(c) has been subject to recurrent attacks of insanity or epilepsy ;
(iii) the bridegroom has completed the age of twenty one years and the bride the age of
eighteen years at the time of the marriage ;
(iv) the parties are not within the degrees of prohibited relationship, unless the custom or
usage governing each of them permits of marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of
them permits of a marriage between the two;
So, section 5 says that the marriage within the degrees of prohibited relationship and
sapindas relationship can be solemnized if the custom or usage governing each of them
permits of such marriage between the two .
Section 7 of the Hindu Marriage Act provides the required ceremonies for a Hindu Marriage.
According to this section a Hindu marriage may be solemnized in accordance with the
customary rites and ceremonies of either party thereto. And where such rites and ceremonies
include the Saptapadi, the marriage becomes complete and binding when the seventh step is
taken.

4. Who is a minor and a guardian? Describe the powers of natural guardian.

Ans. As defined in section 4 of the Hindu Minority and Guardianship Act, 1956, a ‘minor’ is
a person who has not completed the age of eighteen years.” Here, the term ‘guardian’ has
been defined as follows: -- Guardian means a person having the care of the person of a
minor, or his property, or of both, his person and property, and includes – (1) A natural
guardian; (2) A guardian by the will of the minor’s father or mother (testamentary guardian);
(3) a guardian appointed or declared by a court; and (4) a person empowered to act as such
by or under any enactment relating to any Court of Wards.
Natural guardian means any of the guardians mentioned in section 6 of the Act. These
are: (1) In the case of a boy or unmarried girl: the father, and after him, the mother. (2) In
the case of an illegitimate boy or an illegitimate unmarried girl: the mother, and after her, the
father. (3) In the case of a minor married woman: the husband.
Powers of a Natural Guardian: Section 8 deals with the powers of a natural guardian,
with special reference to immovable property. A natural guardian of a Hindu minor has
powers to do all acts which are necessary or reasonable and proper: (1) for the benefit of the
minor; or (2) for the realization, protection or benefit of the minor’s estate.
However, previous permission is required in the following two cases: (1) cases where
the guardian wishes to mortgage or charge, or transfer by sale, gift, exchange (or otherwise),
any part of the immovable property of the minor; and (2) Cases where that guardian wishes
to lease any part of the immovable property of the minor – (a) for a term exceeding five
years; or (b) for a term exceeding more than one year beyond the date on which the minor
would attain majority.
The Act expressly provides that any disposal of immovable property of a minor by his
natural guardian in contravention of what is stated above, is voidable (not void) at the
instance of the minor or any person claiming under him.

5. Elucidate upon maintenance of wife and give the list of Dependants. Explain it with
reference to the Hindu Adoption and Maintenance Act, 1956.
Ans. Section 18 of the Hindu Adoptions and Maintenance Act, 1956, gives right to a Hindu
wife to be maintained by her husband during his lifetime. A Hindu is, thus, under a legal
obligation to maintain his wife.
Section 18(2) of the Act lays down seven cases in which a Hindu wife is entitled to live
separately from her husband, without forfeiting her right to maintenance:
(a) If he is guilty of desertion, that is to say, of abandoning her without reasonable cause and
without her consent or against her wish or of wilfully neglecting her;
(b) if her has treated her with such cruelty as to cause a reasonable apprehension in her mind
that it in her mind that it will be harmful or injurious to live with her husband;
(c) if he is suffering from a virulent form of leprosy;
(d) if he has any other wife living ;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides
with a concubine elsewhere;
(f) if he ceased to be a Hindu by conversion to another religion;
(g) if there is any other cause justifying her living separately .
But a Hindu wife shall not be entitled to separate residence and maintenance from her
husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
List of Dependants: Section 21 lays down a list of dependents as follows: (1) his or her
father; (2) his or her mother; (3) his widow, so long as she does not marry; (4) his or her son,
or the son of his pre-deceased son, or the son of a predeceased son of his predeceased son, so
long as he is minor; (5) his or her unmarried daughter, or the unmarried daughter of his
predeceased son, or the unmarried daughter of a predeceased son of his predeceased son, so
long as she is unmarried; (6) his widowed daughter, provided and to the extent that she is
unable to obtain maintenance from: (a) the estate of her husband; or (b) her son or daughter,
if any, or his or her estate; (c) her father-in-law, or his father, or the estate of either of them;
(7) any widow of his son or of a son of his pre-deceased son, so long as she does not remarry;
(8) his or her minor illegitimate son, so long as he remains a minor; (9) his or illegitimate
daughter, so long as she remains unmarried.
Section 22 then provides that, subject to what is stated above, the heirs of a deceased
Hindu are bound to maintain the dependants of the deceased out of the estate inherited by
them from the deceased.

6. Write short notes on:

(a) Will: A Will is the legal declaration of the intention of a testator with respect to his
property, which he desires to be carried into, after his death. Wills are wholly unknown to
pure Hindu law. But a long series of decisions have established the testamentary powers of
Hindus. It was first admitted in Bengal and, then, in the Southern India, and then in the
former State of Bombay. Generally speaking, a Hindu ‘Will’ stands more or less on the same
footing as a gift. Today, however, the Indian Succession Act governs the Wills made by
Hindus.
Essentials: It is essential that every will should be attested by two witnesses. However, it is
still not necessary that it should be registered. A Will is to take effect after the death of the
testator.
Codicil: It is a document that relates to the Will and discusses the mode of disposition,
execution, alteration and modification of the Will. Hence, it is treated as a part of the Will.
As far as capacity to make a Will is concerned, every Hindu who is of sound mind
and who is not a minor may dispose of his or her property by Will. A member of a
Mitakshara coparcenary can also dispose of his or her undivided interest in the coparcenary
property by way of Will.
A Will or any part of a Will, making of which has been caused by fraud or coercion, is
void.

(b) Divorce: The old Hindu law did not recognize any concept of divorce . The codified
modern Hindu law has imported this concept of divorce from the laws of Western Countries.
Section 13 , sub- section ( 1 ) says that any marriage solemnized, whether before or after the
commencement of this Act, may, on a petition presented by either the husband or the wife, be
dissolved by a decree of divorce on the following ground:
(a) Adultery; (b) Cruelty – (i) Physical Cruelty and (ii) Mental Cruelty; (c) Desertion –
whether actual desertion or constructive desertion; (d) Conversion; (e) Insanity; (f) Leprosy;
(g) Venereal Disease; (h) Renunciation of world; (i) Presumed death; (j) Decree of Judicial
Separation; (k) Decree of Restitution of Conjugal Rights.
Grounds available to the wife only: (a) Bigamy; (b) Rape, sodomy or Bestiality; (c) Deree
or order passed against the husband for awarding maintenance to wife; (d) Option of
Puberty.
There is a provision of mutual divorce also under section 13B of the Act.
In the case of a divorce, marital tie comes to an end. The mutual rights and
obligations of husband and wife cease to continue. Thus, divorce ends the bonds between
husband and wife. The wife is entitled to the maintenance and alimony under section 25 of
the Act, and custody, maintenance and education of the children under section 26 of the Act.
After divorce, the former husband’s intercourse with his former wife, without her consent, is
a punishable offence under section 376 of the IPC.

(c) Persons who can be adopted: Section 10 of the Act says about the Persons who may be
adopted. According to this section no person shall be capable of being taken in adoption
unless the following conditions are fulfilled, namely:-
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties
which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years unless there is a custom or usage
applicable to the parties which permits persons who have completed the age of fifteen years
being taken in adoption.
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.

7. What is restitution of conjugal rights?

Ans. The concept of restitution of conjugal rights was firstly evolved in the Jewish Law. The
English Common law adopted this concept of restitution of conjugal rights from Jewish legal
system. And from the English Common law, this concept, came into India.
The word ‘marriage’ means consortium in between the husband and wife. The husband and
wife are supposed to get each other’s company and comfort. If one of the parties to the
marriage withdraws himself or herself from the company of other, the aggrieved party is
entitled to compel the other party to live with him or her. This is called restitution of conjugal
rights.
Section 9 of the Hindu marriage Act provides restitution of conjugal rights.
According to this section ----
when either the husband or the wife has, without reasonable excuse, withdrawn from the
society of the other, the aggrieved party may apply, by petition to the district Court, for
restitution of conjugal rights and the Court, on being satisfied of the truth of the statements
made in such petition and that there is no legal ground why the application should not be
granted may decree restitution of conjugal rights accordingly.
It has been explained by the section 9 that where a question arises whether there has been
reasonable excuse for withdrawal from the society the burden of proving reasonable excuse
shall be on the person who has withdrawn from the society of other.
The explanation to section 9 says that the initial burden to prove that the respondent has
withdrawn from the society of the petitioner is on the petitioner and once that burden is
discharged it is for the respondent to prove that there exists a reasonable excuse for the
withdrawal.
Withdrawal from the society of other mean withdrawal from the totality of conjugal
relationship , such as refusal to stay together , refusal to have marital intercourse and refusal
to give company and comfort . The term withdrawal from the society includes the element of
desertion.
To interpret what is reasonable excuse or reasonable cause , different Courts have given
different opinions in different cases . Sum up of the modern approach as to what amount to
reasonable excuse or reasonable cause with respect to the matrimonial law would be ----
i) if there exists a ground on which the respondent can claim any matrimonial relief;
ii) if the petitioner is guilty of any matrimonial misconduct , not amounting to a ground for
matrimonial relief , yet sufficiently weighty and grave in nature ;
iii) if the petitioner is guilty of such act , omission or conduct which makes it impossible for
the respondent to live with the other.
It was argued that the section 9 is unconstitutional and violative of Article 14 and 21 and so
ultra vires. But the Hon’ble Justice Sabyasachi Mukherjee of the Hon’ble Supreme Court of
India held in the case of Saroj Rani vs. Sudarshan that the section is not ultra vires and the
object of the restitution decree is to bring about cohabitation between the estranged parties so
that they can live together in the matrimonial home in amity.

8. What are the rules of succession in a case of Hindu male?

Ans. Section 8 of the Hindu Succession Act provides how the property of a male Hindu
dying intestate shall be devolved. This section has provided following rules of devolution:
(1) Firstly , upon the heirs , being the relatives , specified in Class 1 of the schedule; (2)
secondly , if there is no heir of Class I then upon the heirs , being the relatives , specified in
Class II of the schedule ; (3) thirdly , if there is no heir of any of the two Classes , then upon
the agnates of the deceased ; and (4) lastly , if there is no agnate , then upon the cognates of
the deceased.
Section 10 says how the property shall be distributed among the heirs in Class I of the
Schedule. The property of an intestate shall be divided among the heirs in Class I of the
Schedule in accordance to the following rules ----
Rule (1) The intestate’s widow, or if there are more widows than one, all the widows together
shall take one share.
Rule (2) The surviving sons and daughters and the mother of the intestate shall each take one
share .
Rule (3) The heirs in the branch of each predeceased son or each predeceased daughter of
intestate shall take between them one share .
Rule (4) The distribution of the share referred to in Rule 3 ---
(i) among the heirs in the branch of the predeceased son shall be so made that his widow or
widows together and the surviving sons and daughters get equal portions ; and the branch of
his predeceased sons gets the same portion ;
(ii) among the heirs in the branch of the predeceased daughter shall be so made that the
surviving sons and daughters get equal portions .
According to section 11 the property of an intestate shall be divided between the heirs
specified in any one entry in Class II of the schedule so that they share equally.
Section 12 provides that the order of succession among agnates or cognates, as the case may
be, shall be determined in accordance with the rules of preference laid down hereunder ---
Rule (1) Of two heirs , the one who has fewer or no degrees of ascent is preferred .
Rule (2) Where the number of degrees of ascent is the same or none , that heir is preferred
who has fewer or no degrees of descent .
Rule ( 3) Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2
they take simultaneously .
Section 13 provides the rules for computation of degrees.

9. What are the requisites of a valid adoption?

Ans. Conditions of a valid adoption are provided by section 6 and 11 of the Hindu Adoption
and Maintenance Act. According to section 6 of the Act no adoption shall be valid unless:
(i) The person adopting has the capacity, and also the right, to take in adoption.
Section 7 of the Act provides capacity of a male Hindu to take in adoption . According to the
section 7 any male Hindu who is of sound mind and is not a minor has the capacity to take a
son or a daughter in adoption:
And section 8 of the Act provides capacity of a female Hindu to take in adoption. According
to the section 8 any female Hindu -
(a) Who is of sound mind; (b) Who is not a minor; and (c) Who is not married, or if married,
whose marriage has been dissolved or whose husband is dead or has completely and finally
renounced the world or has ceased to be a Hindu or has been declared by a court of
competent jurisdiction to be of unsound mind has the capacity to take son or daughter in
adoption. (ii) The person giving in adoption has the capacity to do so. And, as to who is the
person capable of giving in adoption has been laid down in section 9 of the Act. Similarly,
section 10 of the Act states about the persons who may be adopted.
Thus, no adoption shall be deemed to be valid unless it meets requisites of the
adoption mentioned above; capabilities of giving in adoption and the persons who may be
adopted.

10. Who are the persons entitled to claim partition?

Ans. Every Coparcener in the Joint Family has a right to ask for Partition. The
Female members in the Joint Family has no right to ask for Partition. But,when the Partition
will take place, certain female members like Father's wife, Mother and Grand-
Mother they are get shares in it.
The following persons are entitled to Claim Partition.
1. Father : He has Full right to ask for Partition in the Joint Family.
2. Son,Grand-Son and Great Grand Son: These person has a right to ask partition, but
only in the Mitakshara. They do not such right in Dayabhaga.
3. Minor Coparcener: Minority is no bar to Claim Partition. Even a child in mother's womb
has a share in the joint family property. If the partition takes place without allotting to him,
he is entitled to re-opening it. So he has right to Claim for Partition.
4. Adopted Son: Adopted Son also has a right to claim for Partition. He gets all right like
a Natural Son.If a widow adopted a son after the partition, he can re-open the partition.
5. Illegitimate Son: He has no right to Claim partition but is entitled for maintenance. On
the death of his father, he survives as a coparcener along with the legitimate son. Then, he
can claim partition.
6. Wife: A wife cannot claim Partition. She cannot ask for partition her Husband and Sons,
she is entitled to share equally to that of her son.
7. Widow Mother: She cannot ask for partition. When the partition takes place between
her sons, she gets equal shares. If she received any Stridhana from her Husband or father-in-
Law, it is to be deducted from her Share.
8. Grand Mother: She cannot ask for partition. When the partition takes place between her
Son's sons, she gets equal shares.