Who Is Hindu in Family Law
It was one of the first laws concerning the separation of property and families. In today`s business world, the Hindu Successors Act of 1956 is very important in commercial and corporate legislation due to the separation of families and the separation of property between them. This law regulates the legal inheritance law among Hindus. The life relationship as such is a relationship that has not been socially accepted in India, unlike many other countries. A life relationship between two consenting and heterosexual adults is not a crime, even if it may be perceived as immoral. However, in order to provide a civil remedy for the protection of women from victims of such a relationship, for the first time in India, the DV Act was enacted to cover the couple who has a relationship in the type of marriage, people who are bound by consanguinity, marriages, etc. There are also other pieces of legislation in which protective measures have been granted to women in certain vulnerable situations. Article 125 of the Code of Criminal Procedure of course provides for the maintenance of a destitute wife, and article 498-A of the ICC refers to the psychological cruelty inflicted on women by their husbands and in-laws. Article 304-B of the ICC deals with cases related to death by dowry. The Dowry Prohibition Act 1961 was enacted to deal with cases of dowry applications by husbands and family members.
The Adoption and Maintenance Act of 1956 provides for the granting of maintenance to a legally married Hindu woman and also deals with the rules of adoption. The Hindu Marriage Act 1955 refers to the solemnity of marriage provisions and also deals with the divorce provisions. For the first time, through the DV Act, Parliament recognized a “relationship of the nature of marriage” and no simplicitist for a life relationship. The Dayabhaga school prevailed mainly in Assam and West Bengal. It is also one of the most important schools of Hindu laws. It is considered a condensate for the main smritis. It focused mainly on division and the common family. According to Kane, it was founded between 1090 and 1130 AD. In the Shastras of the Hindu Dharma, there was not much talk of guardianship. This was due to the concept of joint families, in which a child without parents is cared for by the head of the common family. Thus, no specific law concerning guardianship was required. In modern times, the concept of guardianship has shifted from paternal power to the idea of protection, and the Hindu Minority and Guardianship Act of 1956 codifies the minority and guardianship laws keeping the welfare of the child at the heart of its concerns.
Article 26 of the same Act deals with the custody, maintenance and education of minor children. The court may, if it deems it necessary and deemed appropriate, issue injunctions in this regard from time to time and at the same time has the power to set aside, suspend or vary such an order. The maintenance obligation rests with both the father and mother of the child or one of the parents, as ordered by the court. Section 20 of the Hindu Adoption and Maintenance Act, 1956 establishes the obligation for a Hindu man or woman to provide for his or her legitimate/illegitimate minor children and elderly/frail parents, the amount of which must be determined by the competent court on the basis of the following factors: The Rakshasa form of marriage is achieved by abducting the bride and brutally killing her family and relatives. In some texts, another condition that must take place is that the groom fights with the bride`s family while following the ceremonial steps in a quiet marriage. However, this condition is not essential for a “Rakshasa” wedding. According to P. V.
Kane, a noble Indologist, this form of marriage is called Rakshasa because the Rakshasas (demons) are known from history that they committed atrocities against their prisoners. All forbidden relationships are Sapinda, but not all Sapinda relationships are forbidden relationships. The Sapinda relationship is the chain of all relationships on the side of the brother and sister in the family; They cannot marry because of a forbidden relationship and also their generation up to three generations on the girls` side and five generations on the boys` side until they are all in the Sapinda relationship. Sapinda avoidance can be achieved when the girl reaches the fourth generation and the boy (brother) reaches the sixth generation, after which both families can have a marriage that will be neither a forbidden nor a Sapinda relationship. Adoption will completely change a child`s life in many ways. He will be part of a new family and will also have rights to the property. A marriage between the parties who are sapindas, or in other words, a marriage between the parties belonging to their relatives or the same family. Illustration: There are two parts “A” and “B”, where “A” is the husband and “B” is the wife who has an inbreeding or close relationship with A, which can also be called Sapinda. This process is therefore considered invalid. According to Hinduism, marriage is a sacred relationship.  In some Hindu marriage systems, there is no role for the state, as marriage has remained a private matter in the social sphere.
 In this traditional reference, marriage is undoubtedly the most important transition point in the life of a Hindu and the most important of all Hindu “Sanskaras” (rituals of the life cycle).  The Congress government watered down Hindu marriage in 1955 by passing the HMA, and then in 1983 by introducing Special Marriage Act 498A. in 2000. Therefore, there was fierce religious opposition to the adoption of such laws for marriage, succession, and adoption. The main opposition was the divorce provision, which is anathema to the Hindu religion. The principle of equal inheritance of sons and daughters, whether the daughter is married or not, has also resisted.  This was at odds with the Hindu view of the family, in which married girls were seen as belonging to their husband`s family, not their father`s family. In India, there is no law that deals specifically with a matrimonial home.
Therefore, a marital home is not defined and there is no right in relation to it in itself. However, due to the general right to a common household under the law, a woman has the right to live with her husband in the same household. This would mean that there is a right to live in a house owned by the wife and husband (together or separately) or in a house in which the husband has a right, title or interest, including the common family home of which the husband is a member. Asura, Gandharva, Rakshasa and Paisacha are unrecognized forms of marriage. According to Rajbir Singh Dalal vs Chaudhari Devi Lal University, 2008, the property of a childless woman married in one of the unauthorized forms goes to her family and not to her husband. Previously, women had no property rights and they were protected by the male members of the family, the common Hindu family. According to the successive government in power, they had taken steps to protect and improve women`s property rights. .