Question papers - Family Law – I (Hindu Law) II Sem, KSLU

Family Law – I (Hindu Law)

Unit 1

15Marks, June 2013

1.a) Discuss the different schools of Hindu Law

15Marks, June 2013

1.a) State and explain in brief the sources of Hindu Law

5Marks, June 2013

1.b) Write a note on ‘Hindu’

5Marks, June 2013

1.b) Write a note on ‘Convertion’

15Marks, Dec 2012

1.a) Briefly enumerate the sources of Hindu Law with special reference to “Custom”

15Marks, Dec 2012

1.a) Explain Mitakshara and Dayabhaga Schools of Hindu Law, How they differ with each other ?

5Marks, Dec 2012

1.b) Who are Hindus ?

5Marks, Dec 2012

1.b) Write a note on “Varna Dharma”

15Marks, Jan 2012

1.a) Enumerate the sources of Hindu Law, Explain the importance of Custom

15Marks, Jan 2012

1.a) Hindu Law applies to Hindus by birth and by religion – comment. State persons to whom Uncodified and codified Hindu Law applies.

5Marks, Jan 2012

1.b) Distinguish between Sruthis and Smrithis

5Marks, Jan 2012

1.b) What are the salient features of Mitakshara School of Hindu Law ?

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Unit 2

15Marks, June 2013

2.a) Discuss the provisions of void and voidable marriages under the Hindu Marriage Act, 1955.

15Marks, June 2013

2.a) Explain “Cruelty” as a ground for divorce under the Hindu Marriage Act, 1955.

5Marks, June 2013

2.b) Write Short Note on : Sapinda relationship

5Marks, June 2013

2.b) Write Short Note on : Conjugal rights

15Marks, Dec 2012

2.a) Explain the grounds on which a Hindu Marriage can be dissolved by Divorce ?

15Marks, Dec 2012

2.a) Explain the essential conditions of a valid marriage

5Marks, Dec 2012

2.b) ‘A’ wants to divorce his wife on the ground that she is barren women. Will he succeed ?

5Marks, Dec 2012

2.b) Write Short Note on : “Maintenance pendent lite”

15Marks, Jan 2012

2.a) What is a divorce ? on what grounds divorce can be obtained ?

15Marks, Jan 2012

2.a) Discuss whether Hindu marriage is still a sacrament after passing Hindu Marriage Act, 1956.

5Marks, Jan 2012

2.b) Prabhakara aged 25 years and kusuma aged 17 years are married with the arrangement and consent of their parents. Discuss the validity of their marriage.

5Marks, Jan 2012

2.b) Ramya is working as a teacher in a government school. Her husband who is an unemployed filed a suite for maintenance against his wife. Is she liable?

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Unit 3

15Marks, June 2013

3.a) What is separate property ? Explain the incidents of separate property.

15Marks, June 2013

3.a) Who is Karta ? Under what circumstances he can alienate joint family property ?

5Marks, June 2013

3.b) Write Short Note on : Pious obligation

5Marks, June 2013

3.b) Write Short Note on : Re-Union

15Marks, Dec 2012

3.a) What are the circumstances under which a Joint Hindu Family Property can be alienated and by whom ? who can challenge such alienations ?

15Marks, Dec 2012

3.a) What is partition ? How partition can be effected ?

5Marks, Dec 2012

3.b) Which are immoral debts of Father ?

5Marks, Dec 2012

3.b) What is Pious Obligations ?

15Marks, Jan 2012

3.a) Explain the Joint Hindu Family and coparcenary. Can a mother be a kartha of a Joint Hindu Family ? Explain

15Marks, Jan 2012

3.a) Explain the process of partition. When partition can be re-opened ?

5Marks, Jan 2012

3.b) State the essentials of Endowment

5Marks, Jan 2012

3.b) is the daughter liable for the debt incurred by the father for his personal benefit ? Discuss.

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 Unit 4

15Marks, June 2013

4.a) Explain the Salient features of Hindu Succession Act, 1956

15Marks, June 2013

4.a) State the general rules of succession under the Hindu Succession Act, 1956

5Marks, June 2013

4.b) ‘A’ dies in 2012 leaving his wife, mother, two daughters, two sons and his father. Distribute the estate among them.

5Marks, June 2013

4.b) Does Unchastity disqualify a woman from inheriting?

15Marks, Dec 2012

4.a) Show the mannerism the estate would devolve on the heirs when a female Hindu dies after the commencement of the Hindu Succession Act, 1956.

15Marks, Dec 2012

4.a) Briefly explain the salient features of the Hindu Succession Act, 1956.

5Marks, Dec 2012

4.b) ‘A’ and ‘B’ are two brothers and they are separated from each other. ‘A’ is married and has two sons. ‘B’ is not married. ‘A’ commits the murder of ‘B’, can claim the property of ‘B’ as the only heir.

5Marks, Dec 2012

4.b) Write Short Note on : “Stridhana”

15Marks, Jan 2012

4.a) Discuss the types of property owned by a Hindu Woman. State the changes brought to women’s estate

15Marks, Jan 2012

4.a) What are the significant changes introduced in the Hindu Succession Act, 1956

5Marks, Jan 2012

4.b) A joint Hindu Family consists of Father ’F’ and his son ‘S’ partition takes place between ‘F’ and ‘S’. Two years after partititon another son ‘T’ is born to ‘F’. Now state who are all coparceners and what is the share of property of each person

5Marks, Jan 2012

4.b) Distinguish obstructed and unobstructed heritage.

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Unit 5

15Marks, June 2013

5.a) Explain the capacity of a female Hindu to take in adoption

15Marks, June 2013

5.a) Explain the different types of guarding and their powers with reference to Hindu Minority and Guardianship Act, 1956.

5Marks, June 2013

5.b) Write Short Note on : Maintanance of Wife

5Marks, June 2013

5.b) Write Short Note on : Dependents

15Marks, Dec 2012

5.a) Who are the natural guardians of a Hindu minor child and what are their powers ?

15Marks, Dec 2012

5.a) What is an Adoption ? Explain the effect of adoption on a) The Natural Family, b) The Adoptive Family.

5Marks, Dec 2012

5.b) ‘A’ adopts ‘B’ who is already adopted by ‘C’. Is this adoption valid ?

5Marks, Dec 2012

5.b) Who are dependents ?

15Marks, Jan 2012

5.a) State the dependents under Hindu Adoption and Maintenance Act, 1956. When a wife looses her right to separate residence and maintenance ?

15Marks, Jan 2012

5.a) Define adoption, Discuss the significant changes relating to adoption introduced under Hindu Adoption and Maintanance Act, 1956.

5Marks, Jan 2012

5.b) Explain the doctrine of Relation Back

5Marks, Jan 2012

5.b) Father enters into an agreement to sell the minor’s property and delivers actual possession of the same in pursuance of that agreement. Whether the agreement id binding on the minor ? Explain with reasons.

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Sruti and Smriti

Sruti and Smriti

	Sruti	Smriti
1	Sruti literally means what is heard,	Smriti means what is remembered
2	Sruti is revelation	Smriti is tradition
3	Sruti is direct experience. Great Rishis heard the eternal truths of religion and left a record of them for the benefit of posterity	Smriti is a recollection of that experience
4	Sruti is eternal	Smriti is man-made
5	Sruti is primary authority	Smriti is secondary
6	Sruti is the final authority	If there is anything in a Smriti which contradicts the Sruti, the Smriti is to be rejected
7	Sruti commands nothing. It gives direction only	Smriti commands and give punishments if not followed in the form of prayachits
8	Sruti never becomes obsolete	A part of Smriti may become obsolete and require modification or amendment
9	Sruti is never changing and thus permanent	Smriti followed at a given time has necessary changes as required. Smriti is thus dynamic in nature.
10	Srutis are the four Vedas, Rig, Sama, Yajur and Atharva Vedas and 108 Upanishads.	Manu, Parasara, Yajnavalkya, Gautama, Harita, Yama, Visnu, Sankha, Likhita, Brhaspati, Daksa, Angiras, Pracetas, Samvarta, Acanas, Atri, Apastamba and Satatapa are the eighteen sages who mastered the Vedas with their superhuman power and derived the Smrtis from them. Their works are known after them like Manusmrti, Yajnavalkya-smrti, Parasara-Smrti and so on, and they contain all that we need to know about all the dharmas to be adhered to.

Sources of Hindu Law

Sources of Hindu Law

Introduction

Hindu Law is mainly a law governing the Hindus. It is based on immemorial custom and secular law which was called Dharma. Hindu Law is considered to be of divine Origin. It is revealed by the Almighty God to our great sages, Philosophers and jurists who had attained Spiritual heights by their Tapasya and Yog. Since it is divine law, it cannot be changed by any human agency. It is enforceable at all time.

Sources of Hindu Law

I. Ancient Sources

1. Sruthi

The Sruthis are divine origin from Vedas

Sruthi means “What was Heared” by the sages in a revelation by God.

Some of the Sruthis are

1. Four Vedas by sage vyas

•         Rig  Veda                    (It is the Oldest Veda)

•         Yajur Veda                 (It contains Sacrificial Ceremonies)

•         Sama Veda                  (It shows the ways of Offering to God)

•         Atharvana Veda          (It  consists of Magic Charms)

2. Six Vedangas

•         The Siksha                   or         Orthography

•         The Kalpa                    or         Treaties dealing with rituals

•         The Vyakaran              or         Grammer

•         The Chandas               or         Prosody

•         The Jyotish                  or         Astronomy

•         Nirukta                        or         Lexicon

3. Upanishads

•         The Concluding part of Vedas

Vedas are revealed by the Almighty. They does not contain any Law, But deal with

a.                   Marriage

b.                  Adoption

c.                   Partition

d.                  The exclusion of women from inheritance

The Period of Vedas is estimated to be 4000 – 1000 BC. Smriti started from 800 BC. Inbetween the followers of the varna Dharma/ Ashrama Dharma interpreted Vedas and developed various Sakahas

2. Smritis

Smritis means “What was Remembered” Theses are recorded by the sages of what they had heared from God.

Among the smritis the Narada Smritis and Manu smritis are very important, which deals with civil and criminal Law, the Laws of Marriage, etc.

Manu Smritis

•         Deals with 18 titles relating to civil, ciriminal, Marriage and Procedural Law

Naradha Smritis

•         Recognises the power of the King to make Law

Yagnavalkya Smritis

•         Contains 1010 Slokas, Provides that King is subordinate to Law

Brihaspati Smritis

•         It deals with Legal Subject

These laws were liberal as regards the women and the sudras

Dharma Sutras (தர்ம-சூத்ரா)

Gautama (கௌதமா)

•         Oldest Law

•         Traditions, Practices, usages and Custom were the basis of law

•         King was required to preserve these customs

•         It dealt with Inheritance, Partition and Stridhana, Money Lending etc

Harita (ஹரிதா)

•         A former judgement (Pragnyaya) were binded in Harita

•         Judgement was made based on the same nature of subsequent dispute

•         In modern law, this is called Res Judicata

Apastamba (அபஸ்தம்பா)

•         Mainly deals with laws of marriage, inheritance & Ciriminal Law

•         The law was considered to be clear and forceful in its language

Vasistha (வசிஸ்தா)

•         It deals with the source of law, jurisdiction of law, marriage, adoption and inheritance

•         According to this, usage is supplement to law

Boudhayana (பௌதாயனா)

•         It deals with the adoption, marriage, and inheritance,

•         It also dealt with sea law and its Customs, gave right of the King to impose excise duty on traders

•         It endorses the validity of South Indian Custom of a Man marrying his Sister’s Daughter.

Vishnu (விஷ்ணு)

•         It was borrowed from Manu smriti

•         It deals with Criminal and Civil Laws, including inheritance, marriage, creditors and debtors

3. Commentaries and Digests

Since Smritis did not agree with each other, they gave rise to commentaries which are otherwise called ‘Nibandhas’ (நிபாந்தாஸ்)

They were written during the period between 700AD to 1700AD.

Yagnavalkia smritis is commented upon by vigneswara which has later become the Mitakshara (மிதக்க்ஷரா) School of Hindu Law.

The same smritis was commented upon by jimutuvahana (ஜிமுதவாஹனா) which later became the Dayabhaga (தயா பாகா) School of Hindu Law.

Principal Commentries are:

4. Custom or Sadachara

Custom is a rule of action uniformly and continuously followed by the bulk of the people for a long time.

Custom is recognized as an important source of all Civil Laws

Acc to Manu, The King must inquire into the particular laws of custom of traders.

Types of Customs

Essentials of Valid Custom

1. Reasonableness

The Custom must be reasonable. It should not affect the society in any way. It should satisfy the principles of natural justice.

If a Custom is Unreasonable, then it is not valid and will not become a law

Eg) If a custom recognises that a woman can marry more than one man, it is unreasonable and will not become a law.

2. Conformity

The Custom should be in conformity with the established law of the Land.

 If a custom is inconsistent with the law of the Land, then it is invalid.

Eg) Slavery is an Offence under Indian Penal Code, If a Custom recognises slavery, then such custom is invalid.

3. Opinion

The public should feel that the particular custom is benifitial for them. They must think that such a custom is a binding rule of the community and it should not be of individual choice.

4.Observance

A mere practice of Custom will not become law.

It must be observed freely and voluntarily

5. Immemorial Atiquity

The Origin of the Custom should be from the immemorial. The Origin should not be traced.

No Living man must remember its Origin. Fashion is not Custom.

6. Continuity

The Custom should be followed without interruption. It must be followed Continuously.

7. Peacefulness

The Custom must have been observed Peacefully.

It should not be protested in anyway by the public or part of the public.

8. Certainty

The Custom must be certain and definite. It should not be vague.

If a custom is indefinite, then it is invalid.

9. Consistency with other customs

The Custom should not be opposed to other Customs.

Suppose two different customs exist which are inconsistent to each other, then both the customs are invalid.

5. Doctorine of Factum Valet

The meaning of the Maxim is ”What ought not to be done, if done is valid”

The Latin Maxim “Factum Valet quod fieri nondebuit” is invoked to cure the irregularities.

A marriage requires certain formalities to be fulfilled for making it valid

If the formalities are recommendatory, then the doctorine can be invoked to cure the irregularity.

But, If the formalities are Mandatory, then the doctorine cannot be invoked.

Eg)

The irregularities arising from Sapinda relationship, prohibited relationship, and Bigamy are all mandatory. So violations of these condition cannot be cured by applying the Doctorine.

Case (Factum Valet):

a) Mulchand Vs Budha.

A – Husband

B – Wife

C – 4 year old Daughter of  A & B

Fact:

            B celebrated marriage of 4 year old Daughter, when A was on Tour. (Hence his consent could not be obtained)

A sued for declaration of marriage as void

Judgement:

Privy Council upheld the marriage Valid since the condition requiring the consent of first Guardian was only recommendatory.

Comment:

The Court applied the doctorine of ‘Factum Valet’ to cure the defect of not getting the first guardian consent.

b) Ganesh Prasad Vs Damayanthi

Fact:

The Marriage was performed under the special Marriage Act.

The Bride was a Minor.

Consent of the guardian was not obtained before the marriage.

Judgement:

The Court held that the Marriage was Valid as the consent of the guardian to the marriage was only recommendatory.

II. Modern Sources:

1.Judicial Decision

All important points of Hindu law are now-a-days clarified by decisions of law (Supreme Court and High Courts). They are binding in nature and are published in Law reports and thus form an additional sources of Hindu Law

Eg) In Collector of Madura Vs Moota Ramalingam Case, the Privy Council held “a Clear proof of usage will outweigh the written text of law”. The decisions of the Hign Courts and Supreme Courts are considered as Precedenta and applicable in subsequent cases.

2. Principles of Justice, Equality, Good Conscience

            These are rules deduced from general principles of Hindu Law, altered to suit the conditions of modern society.

When the law is Silent, the Courts in india follow Justice, Equality, Good Conscience in deciding many new points of Hindu Law.

Thus the Principles of Justice, Equality, Good Conscience were esistent even during ancient days.

3. Legislation

This is the latest and vital source of modern Hindu Law. These Legislations have not only brought in profound changes in ancient Hindu Law but also have made the law certain and definite by various Acts, Rules and Regulations.

Eg) Abolition and Regulation 1829. Several acts are as follows

1.      The Hindu Inheritance Act, 1928

2.      Child Marriage restraint Act, 1929

3.      The Hindu gains of learning Act, 1930

4.      The Hindu marriage Act, 1955

5.      The Hindu Succession Act, 1956

6.      The Hindu adoption and Maintanance Act, 1956

7.      Hindu minority and guardianship Act, 1956

8.      Hindu widow’s re-marriage act, 1856

Conclusion:

Thus it was clear that the Hindu Law is divine law. Ancient sources paved the way for Modern Sources and the Laws are enforceable at all time.