Hindu Law addresses family matters such as Marriage, Divorce, Inheritance and Maintenance. Furthermore, it allows a woman to file an application with the criminal court under Section 125 of Criminal Procedure Code to claim maintenance from her husband.
Under the Hindu Succession Act of 1956, widows may inherit their deceased spouse’s property and legally adopt children of opposite sex through adoption procedures; the guardian must be at least 21 years old when making this arrangement.
Marriage
India’s primary family law statute, the Hindu Marriage Act, covers most aspects of a marriage between Hindu men and women. From how to conduct ceremonies and what happens if there’s a divorce to issues like polygamy and monogamy within marriages – everything under its purview.
The adoption of this act introduced major reforms to Indian family law. It enabled more freedom in choosing a mate, limited divorce lengths and prohibited bigamy as well as permitting children from both parents to inherit regardless of caste status.
As well as the Hindu Marriage Act, India also has other important family-related statutes that regulate marriage in its entirety. The Special Marriage Act of 1954 permits people from various backgrounds to marry while the Adoption and Guardianship Act provides regulations for creating safe environments for children through adoption processes or guardianship arrangements.
Divorce
Divorce is a legal action taken by either party to dissolve their marriage, with grounds including adultery, cruelty, insanity or disease being sufficient grounds for filing for it. A court may also grant divorce if one partner converts to another religion – though please note that Hindu marriage cannot be dissected if children were born out-of-wedlock.
Innes’ fiery response to Nelson reflected the tensions inherent in crafting Hindu family law based on Sanskrit texts while applying interpretative methods from English common law. He expressed concern that using Manu Smriti as the basis for legal precedent would create legislation at odds with traditional Hindu family values.
India is a multicultural society that permits its citizens to be governed by personal laws that reflect their religious views, such as the Hindu Marriage Act of 1955, Succession Act and Adoption and Maintenance Act from 1956 and Adoption and Maintenance Act respectively.
Inheritance
Indian law contains several acts which address inheritance. These include the Hindu Marriage Act, Hindu Succession Act, Minority and Guardianship Act as well as Adoption and Maintenance Act.
Hindu family law permits the natural guardian of a child to select a testamentary guardian for both themselves and their property. Ideally this should be selected from either class I, class II, cognate heirs, or, if none of these options exist, then cognates can also be chosen as guardians.
Hindu law grants women equal power over both immovable and movable property. They can dispose of it by gifting or selling, subject to their spouse’s approval; and also apply for adoptions with prior court permission (provided they are Hindu and over 21).
Maintenance
Maintenance is a type of financial support provided to people to ensure they can live a dignified life, usually court-ordered amounts and can be claimed by widows, children and parents unable to live alone.
Hindu family law holds that the head of a joint family has an obligation to care for all members, such as wives and illegitimate children; grandparents; other relatives if necessary.
Maintenance payments vary based on several factors, including a person’s status, earning ability, and current income. Individuals seeking maintenance can file a petition with the court in order to seek it and be heard in its decision on the amount to be paid as well as how long this support should continue in effect – this period of time known as maintenance pendente lite (in interim support terms) should last.