Notes

HINDU LAW

Who is a Hindu? The HMA defines a Hindu in Section 2. The following persons are governed by Hindu Law : 1. Those who are Hindus by birth. 2. Those who follow Hindu religion. [S.2(1)(a)] 3. Those who are converts to Hinduism, or those who by reconversion accept Hindu religion again, as was also upheld in Perumal Madar v. Ponnuswami. [S.2(1), Expl. (c)] 4. Those who are known as Hindus. 5. Jains, Sikhs and Buddhists. [S.2(1)(b)]

RESTITUTION OF CONJUGAL RIGHTS

RESTITUTION OF CONJUGAL RIGHTS Section 9 HMA provides: 9. Restitution of conjugal rights. - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

DIFFERENCE BETWEEN DIVORCE AND JUDICIAL SEPARATION

Judicial separation is a separation of husband and wife under orders of a court which puts an end to cohabitation, but not to the marriage itself. Husband or wife, any one of them, can have it by making an applicant to the District Court or High Court.

REMARRIAGE

REMARRIAGE Under Section 15 HMA, when a marriage "has been dissolved by a decree of divorce", it shall be lawful for either party to marry again if there is no right of appeal against the decree; or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented; or an appeal has been presented but the same has been dismissed by the court.

CUSTODY AND GUARDIANSHIP

The concept of custody is related to physical control over a person or property whereas the concept of guardianship is akin to trusteeship. A guardian is a trustee in relation to the person for whose guardianship he is so appointed. The position of guardian is more onerous than of a mere custodian. Custody may be for short duration and for specific purpose but it is not so in the case of guardianship.

ADOPTION

ADOPTION The HAMA governs adoption and all matters related to it among Hindus. This Act has codified the Hindu Law of adoption, leaving little scope for anomalies. The Act has no retrospective effect.

JOINT HINDU FAMILY

JOINT HINDU FAMILY The joint Hindu family consists of all persons lineally descended, however remotely, from a common ancestor. Such a family includes wives and unmarried daughters of male members. The whole body of such a family, consisting of males and females, constitutes a sort of corporation where members are joint by way of their sapinda relationship to each other.

INTESTATE SUCCESSION - HINDU LAW

INTESTATE SUCCESSION - HINDU LAW Intestate succession for Hindu is governed by the Hindu Succession Act, 1956 (HSA). Testamentary succession of Hindus is governed by the ISA.