List of Leading Cases in Family Law-I (Hindu Law)

Who is a Hindu? Sources of Hindu Law

Sources of Hindu Law 1) Who is a Hindu? In Hindu law, “Hindu” is not confined to one prophet, one church, or one fixed creed. It is a broad religious–social category used to decide which personal law applies (marriage, succession, adoption, etc.). Statutory definition of Hindu Section 2, Hindu Marriage Act, 1955 (similar “who is...

Mitakshara vs Dayabhaga Schools of Hindu Law

Mitakshara School (Vijnaneshwara) Dayabhaga School (Jimutavahana) Nature of text: Commentary on Yajnavalkya Smriti Nature of text: Digest—collects, reconciles and systematises Smriti rules Basis of inheritance: Apratibandha daya (unobstructed heritage) Basis of inheritance: Sapratibandha daya (obstructed heritage) When right arises: By birth When right arises: On father’s death Coparcenary: Arises by birth (traditionally male line; daughters...

Doctrine of Pious Obligation in Ancient Hindu Law — Origin, Evolution, and Present Position

1) Meaning and core idea Under the Mitakshara system of Hindu law (joint family / coparcenary), the doctrine of pious obligation treated a son’s duty to discharge his father’s “just debts” as a religious–moral (pious) duty. In classical theory, the non-payment of a just debt was viewed as sinful, and therefore the son was expected...

Key Sections of All 4 Hindu Acts

Act Section Core topic Hindu Marriage Act, 1955 5 Conditions for a valid Hindu marriage 7 Ceremonies of marriage (custom, saptapadi) 9 Restitution of conjugal rights 11 Void marriages 12 Voidable marriages 13 Grounds for divorce 13B Divorce by mutual consent 17 Bigamy – marriage void + IPC applies 24 Maintenance pendente lite 25 Permanent...

Registration of Hindu Marriages

1) What is “registration of marriage”? Registration of marriage means the official recording of the factum of marriage in a public register maintained by the State (through the Marriage Registrar/Sub-Registrar or other notified authority), followed by issuance of a certified record / marriage certificate. Its core purpose is easy proof of marriage in legal and...

Restitution of Conjugal Rights (RCR)

1) Meaning of “conjugal rights” Conjugal rights are the mutual rights of spouses flowing from marriage—most importantly the right to live together (cohabitation), and the associated incidents of marital life such as companionship, affection, comfort, consortium, and mutual support. In ordinary legal language, this is often described as the right to the “society” of the...

Judicial Separation (Section 9 – HMA)

Judicial Separation under Hindu Law (Hindu Marriage Act, 1955) 1) Meaning: What is Judicial Separation? Judicial separation is a matrimonial relief by which the court formally suspends the duty of cohabitation between spouses without dissolving the marriage. The marital tie continues (so no remarriage), but the spouses are legally permitted to live apart. 2) Legal...

Divorce under Hindu Law

Divorce under Hindu Law (Hindu Marriage Act, 1955) 1) What is divorce? Divorce is the legal dissolution of a valid marriage by a decree of the court, which terminates the marital status and frees both parties to remarry (subject to appeal period etc.). 2) Hindu marriage: sacrament, yet divorce exists Traditionally, Hindu marriage was viewed...

Divorce by Mutual Consent (13B HMA)

Divorce by Mutual Consent (Section 13B, Hindu Marriage Act, 1955) 1) Meaning and idea Divorce by mutual consent is a “no-fault” form of divorce where both spouses jointly request the court to dissolve the marriage because they have lived separately, cannot live together, and have mutually agreed to end the marriage. Section 13B was inserted...

Judicial Separation vs Divorce

Aspect Judicial Separation (HMA, 1955 – Section 10) Divorce (HMA, 1955 – Section 13 / 13B) Meaning Court decree permitting spouses to live separately without ending the marriage. Court decree dissolving the marriage (marital tie ends). Status of marriage Marriage continues to subsist. Parties remain husband and wife in law. Marriage is terminated. Parties cease...

Maintenance pendente lite under the Hindu Marriage Act (Section 24)

1) Meaning: what is “maintenance pendente lite”? Maintenance pendente lite means temporary financial support granted during the pendency of a matrimonial proceeding (like divorce, judicial separation, restitution, etc.) so that the spouse who does not have sufficient independent income can: It is strictly “during pendency”—i.e., it is an interim arrangement, not a post-decree remedy. 2)...

Permanent Alimony under the Hindu Marriage Act, 1955 (Section 25)

Permanent alimony (also called maintenance and support) is a post-decree financial relief granted by the court under Section 25 HMA to enable a spouse to maintain a reasonable standard of living after matrimonial litigation concludes. It is called “permanent” not because it is always lifelong, but because it is final/post-decree in nature—meant to operate beyond...

Family Courts Act, 1984

What are Family Courts? Family Courts are special courts set up to deal only with family and matrimonial disputes (like divorce, maintenance, custody, etc.) in a speedy, informal and conciliatory manner. They were created because normal civil courts are often slow and highly technical, whereas family disputes need: They are established under the Family Courts...

Role of NGOs and Lok Adalats in matrimonial dispute resolution in India

1. Introduction: why settlement is institutionally preferred in matrimonial disputes Matrimonial litigation (divorce, restitution of conjugal rights, judicial separation, maintenance, custody/visitation, return of stridhan, domestic violence–related civil reliefs, etc.) is treated by Indian law as a category where conciliation and settlement should be attempted at the earliest stage because the dispute concerns intimate relationships, continuing...

Dependents under HAMA, 1956

1) Where “Dependents” appear in HAMA “Dependents” is a maintenance concept in Chapter III (Maintenance) of the Hindu Adoptions and Maintenance Act, 1956. It mainly runs through: 2) Meaning of “Dependent” (concept) Under HAMA, a dependent is a specified relative of a deceased Hindu who can claim maintenance out of the deceased’s estate (through the...

Maintenance of a Widowed Daughter-in-Law under Hindu Law

1) Meaning “Maintenance” in Hindu law broadly means provision for food, clothing, residence, medical attendance, and the basic necessities of life, so that the person can live with dignity. A widowed daughter-in-law means a woman whose husband has died and who is the daughter-in-law of the family (i.e., widow of the son of a person)....

Capacity to give and Capacity to take for Adotion as per HAMA

1) Who may give a child in adoption? (Capacity to give) — Section 9, HAMA Under Hindu law, only these persons can give a child in adoption: A. Father — Section 9(1) A father can give the child in adoption only if: B. Mother — Section 9(2) A mother can give the child in adoption...

Gifts, Wills, and Testamentary Succession

1) Introduction: What these concepts mean Under Hindu law, property can pass from one person to another mainly in two ways: 2) Gifts under Hindu Law (A) Meaning and essentials A gift is a voluntary transfer of ownership without consideration, made during the donor’s lifetime, and accepted by the donee. Legal basis: Gifts are governed...

Devolution of property when a Hindu male dies intestate

1) Meaning 2) First identify the type of property (because the route differs) (A) Separate / self-acquired property Property owned by him in his individual capacity (earnings, purchases, gifts to him, etc.) devolves by succession under Sections 8–13. (B) Interest in Mitakshara coparcenary property (HUF/coparcenary) Where he had an interest in coparcenary property, his “share”...

Devolution of property when a Hindu Male dies intestate (presentation)

Devolution of property when a Hindu female dies intestate

1) Meaning Intestate: a Hindu female dies without leaving a valid will.Devolution: the statutory transmission of her property to heirs under the Hindu Succession Act, 1956 (“HSA”), mainly Sections 15–16. 2) First identify the type/source of property (because the route differs) (A) Her absolute property (general rule)Any property owned by her absolutely (self-acquired, gifts, stridhana...

Types of guardians under the Hindu Minority and Guardianship Act, 1956 (HMGA)

HMGA recognizes these broad kinds of guardians: Note: “Welfare of the minor” is the controlling principle for all guardianship matters (Section 13). Natural Guardian: powers and duties (Sections 6, 8, 13) Who is a natural guardian? (Section 6 – core idea) Duties of a natural guardian A natural guardian must: Powers of a natural guardian...

Uniform Civil Code: Constitutional Vision, Personal Laws and Judicial Discourse

I. Constitutional Location of the Uniform Civil Code Article 44 of the Constitution provides that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” It appears in Part IV (Directive Principles of State Policy) and is thus non-justiciable, but it represents a clear constitutional aspiration for...