CHAPTER I
I. Law and Dharma
II. Sources of Hindu Law
III. Ancient Sources
(a) Shruti
(b) Smritis
(c) Digests and Commentaries
(d) Custom
Essentials of valid custom
(e) Kings Edits
IV. Modern Sources
V. Mitakshra and Dayabhaga Schools of Hindu Law
VI. Dayabhaga Joint Family
CHAPTER II
APPLICATION OF HINDU LAW
Hindu by religion
Hindu by birth—Both Parents are Hindus
Hinduised Tribes
Domicile
MARRIAGE
I. Concept of marriage under Hindu Law
II. Marriage and the Custom of Dowry
III. Ceremonies of Marriage
IV. Registration of Marriage
V. Conditions of Hindu Marriage
The Prohibition of Child Marriage Act, 2006 (No. 6 of 2007)
CHAPTER IV
MATRIMONIAL CAUSES
I. Restitution of Conjugal Rights
II. Judicial Separation
III. Divorce
I. Fault Grounds
(i) Adultery
(ii) Cruelty
(iii) Desertion
Factum and animus
Kinds of Desertion
(iv) Conversion to another religion
(v) Unsoundness of mind
(vi) Leprosy
(vii) Venereal disease
(viii) Renunciation of the world
(ix) Presumption of death
Special Grounds for wife [Section 13(2)]
II. Breakdown grounds
III. Divorce by Mutual Consent
Bar in filing divorce petition—Section 14
Remarriage after divorce—Section 15
Counter Claim—Section 23-A
Customary Divorce—Section 29 (2)
IV. Nullity of Marriage
Distinction between void and voidable marriage
(a) Impotency
(b) Unsoundness of mind
(c) Consent obtained by fraud or force
(d) Pre-marriage pregnancy of the wife Legitimacy of Children—Section 16
V. Bars to Matrimonial Relief
VI. Ancillary Reliefs Connotation of ‘Ancillary Relief’
(A) Maintenance pendente lite—Section 24
(B) Permanent alimony and maintenance—Section 25
(C) Custody, maintenance and education of children— Section 26
Governing considerations
(D) Disposal of Property—Section 27
VII. Jurisdiction and Procedure
(A) Jurisdiction
(B) Piling of Petition—Section 20
(C) Application of Ccode of Civil Procedure—Section 21
(D) Transfer of Petition— Section 21A
(E) In Camera proceedings— Section 22
(F) Appeal—Section 28
CHAPTER V
ADOPTION
I. Origin of adoption
II. Objects of adoption
III. Classification of sons
IV. Customary Adoption
V. Important changes introduced by the Act
VI. Adoption under Juvenile Justice Act
VII. Overriding effect
VIII. Inter-Country adoptions
IX. Adoption under The Act
Requisites of a valid adoption
A. Persons who may take in adoption
B. Persons capable of giving in adoption—Section 9
C. Person who may be adopted
Child must be a Hindu—Section 10 (i)
Child not already adopted—Section 10 (ii)
Child should not be married—Section 10 (iii)
Child has not completed the age of fifteen years— Section 10 (iv)
D. Other Conditions—Section 11
(i) Existence of a Hindu son, son’s son or son’s son’s son
(ii) Existence of Hindu daughter or son’s daughter
(iii) Age bar
Simultaneous adoption
E. Ceremonies
Dattahoma not necessary
F. Effect of Adoption
Relationship in the family of birth—Proviso (a)
Relationship in the family of adoption
Vested Property—Proviso (b)
Relationship—Section 14
G. Anti-adoption agreements—Section 13
H. Revocation of adoption—Section 15
IX. Evidence and Proof
X. Invalid Adoption
CHAPTER VI
MAINTENANCE
Maintenance—Meaning—Section 3 (b)
I. Maintenance of Wife—Section 18
Hindu wife
Interim maintenance
Court fee
Grounds to Claim Separate residence—Section 18(2)
Clause (a)—Desertion
Clause (b)—Cruelty
Clause (c)—Leprosy
Clause (d)—Having another wife
Clause (e)—concubine
Clause (g)—Any other justifiable cause
Disqualification—Section 18 (3)
Resumption of cohabitation
II. Maintenance of widowed daughter-in-law—Section 19
Dayabhaga Law
III. Maintenance of children and aged parents—Section 20
Legitimate and adopted children
Illegitimate children
Unmarried daughter
Burden of Proof
Aged or infirm parents
Charge over property—Section 39 TPA
Maintenance under Act of 2007
IV. Maintenance of Dependants—Sections 21 and 22
Dependants—Section 21
General rules relating to maintenance of Dependants— Section 22
Quantum of maintenance—Section 23
Maintenance as a charge over property—Section 27
Effect of transfer of property—Section 28
CHAPTER VII
GUARDIANSHIP
I. General
Act of 1956 supplemental to Act of 1890
Age of Majority
II. Guardian, Meaning of—Section 4 (b)
(A) Natural Guardian—Section 6
After him, the mother
Guardian of illegitimate child
Guardian of minor wife
Guardian of Adopted child
Custody of the minor of tender years
Disqualifications to act as Guardian
(B) Testamentary guardian—Section 9
Power of testamentary guardian
(C) De facto guardian—Section 11
III. Powers of Natural Guardian—Section 8
Coparcenary property—Section 12
Consequences of alienation without permission—
Section 8 (3)
Person claiming under him
Permission—Section 8(4), (5), (6)
IV. Considerations while appointing a guardian—Section 13
Decision of foreign courts
CHAPTER VIII
L Composite Family
Hindu Undivided Family
Mitakshara Coparcenary
II Joint Family and Separate Property
A. Joint Family Property
Property inherited under Section 8 of the
Hindu Succession Act
B. Separate or self-acquired property
III. KARTA
CHAPTER IX
ALIENATIONS
I. Power to make a Gift or Will
II. Karta’s power of alienation
A. Legal necessity and benefit of estate Trading families
B. Benefit of Estate
C. Indispensable duties Injunction against alienation
III. Coparcener’s power of alienation
IV. Challenge of Alienation
V. Transferee’s rights and obligations
VI. Son’s Pious Obligations to Pay the Debts of the Father Nature of Liability
What is avyavaharika debt?
CHAPTER X
PARTITION
I. General
II. Property Subject to Partition and Deductions
III. Persons entitled to claim partition and who have a share on partition
Females entitled to a share on partition
IV. How Partition is Effected Severance
V. Re-Union
