DEPARTMENT: UILS

B.B.A. LL.B 3rd Sem

By Ankush Garg
Assistant Professor
Chandigarh University

Family Law Sources of Hindu Law DISCOVER . LEARN . EMPOWER

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 There two classification for sources of
Hindu Law
Sources of Hindu • Ancient Sources
• Modern Sources
Law
Course Outcome Will be covered in this
CO Title Level lecture
Number

CO1 Different Sources of Hindu Law Remember

 
CO2 Explain each source and its validity Understand
 

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Ancient Sources

Sruti

Ancient
Smriti

Custom and
Usages
Commentaries
and Digests

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 Sruti
What was heard

Sruti

Vedas Bharmnas Puranas Upnishadas Andkas

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 Smriti
• What was remembered
• Two types: Dharmsutras and Dharmashastra
• Smriti’s are based on Sruti

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 Dharmsutras
• In the Form of Pros
• Deals With duties of men
• Based on teachings of vedas
• Authors:
• Gautam
• Apastamba
• Harita
• Vashisht
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 Dharma Shastra
• Latter composition of religious legal codes
• Mostly in the form of verse
• Based on Dharmasutras
• Authors:
• Manu
• Yjnavalkya
• Narada
• Usana
• Angira

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 Digest and Commentaries
• Analysis and Assimilation of Vedic Sources by different
Authors
• Vijnaneshwara: Commentary on Yjnanavalkya Smriti
• Govindaraja: Commentary on Manu Smriti

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 Custom
• Custom are the practices followed from time immemorial by a
particular sect of society in a particular region, and hence taken the
force of Law.
• Requirements for valid Custom
• Ancient
• Continuous
• Certain
• Should not be Unreasonable
• Should not immoral
• Should not be opposed to public policy

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 Modern Sources

Modern Sources
Legislation

Precedent

Equity Justice and

Good Conscience

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 Legislation
• Hindu Marriage Act, 1955
• Hindu Succession Act, 1956
• Hindu Minority and Guardianship Act, 1956
• Hindu Adoption and Maintenance Act, 1956
• Ananda Marriage Act

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 Equity Justice and Good Conscience
• Vedic Era
• British rule
• Present state
• Grunath vs Kamla bai (1872)

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 REFERENCES (size:44)

• Paras Diwan, Modern Hindu Law

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THANK YOU

For queries
Email: ankush.e9969@cumail.in