Hindu Adoption

Hindu Adoption / Hindu Adoption Valid Adoption Requirements: - 

    According to Section 6 of the Adoption and Maintenance Act, 1956, the following are the requirements for valid adoption.
(1) Adopted person has the ability to adopt. (2) The person giving the adoption has the ability to do so. (3) The person to be adopted should be eligible. (4) Other conditions of adoption have been followed. According to Section 7, the ability of a male Hindu to adopt - Any man who is a Hindu, has a healthy mind and is an adult, he will be able to adopt a son or daughter by adoption. If she is married, the wife's consent is necessary. If there is more than one leaf, all consent is required unless He must not have renounced the world, converted to religion, or been declared insane by the competent court. Article 8 Ability to adopt a Hindu woman: - An unmarried, divorced or widowed Hindu woman will be able to adopt a son or daughter. But the married woman will be able to adopt only if - Her husband may have become a monk, converted to religion or declared insane by the competent court. Section 9 Persons capable of adopting: - The father or mother of the child or the guardian with the permission of the court is able to give adoption to the child. If the father is alive, he can adopt the child with the consent of the mother. But it is not necessary to seek the consent of the mother if the mother has abandoned the world, converted, or has been declared insane by a competent court. Mother can also adopt a child, if the child's father - (1) has died, (2) has abandoned the world, (3) has converted, or (4) has been declared insane by a competent court. When both the child's mother and father have died or are unable to adopt the child, his guardian will be able to adopt the child with the permission of the court. Section 10 - The person to be adopted: - (1) He should be a Hindu. (2) Was not taken in adoption in the past. (3) be unmarried. (4) be under 15 years of age. Other conditions of valid adoption - Section 11: - (1) If the adoption is of a son, then no Hindu son, grandson or great-grandson of the adoptive father or mother should be alive at the time of adoption. (2) If the adoption is of daughter, then no Hindu daughter or son of adoptive father or mother should be alive at the time of adoption. (3) If the adopted person and the person to be adopted are of different sex, then the adopted person should be at least 21 years of age. (4) The same child cannot be adopted by two or more persons simultaneously. (5) The person to be adopted should actually be taken and given with the intention of transferring from the birth family to his adopted family. However, the adoption of the adopted home is not necessary for the adoption of adoption. Results of Adoption - Section 12: - Regarding the adopted child, it shall be deemed that from the date of adoption he is a child of his adoptive father or mother for all purposes and it shall be deemed that all of the child with the family of his birth. Relations have been broken by such a date. Exception: - (a) But that child will not be able to marry someone who could not, if he remains in the family of his birth, (B) Any property which has been vested in the adopted child before adoption, will remain vested in such child, subject to the obligation to maintain the relatives of his family of birth. (C) If that property has been vested in a person before adoption, then that child will not invoke such a person from that estate. Determination of adoptive mother - Section 14: - (1) Where a Hindu, whose wife is alive, adopts a child, she will be considered an adoptive mother. (2) Where the person adopting has more than one wife, the first of them shall be deemed to be the adopted adoptive mother and the other step mothers shall be deemed to be. (3) Where a widower or unmarried man adopts a child in adoption, and there any wife, from whom he later marries, shall be deemed to be the adopted mother of the adopted child. (4) Where a widow or an unmarried woman adopts a child and she marries later, the husband shall be deemed to be the stepfather of the adopted child. Section 15: - Valid adoption cannot be abolished by the adopter or child or any other person. Section 16: - Having recorded registered documents of adoption, the court shall presume that the adoption has taken place in accordance with the provisions of the Act. Section 17: - In the adoption, no payment or reward will be received or contracted to be received. And if anyone does so, he will be punishable with imprisonment which may extend to six months or with fine or with both.

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Who is hindu Meaning of Hindu

Who is hindu Meaning of Hindu: - Initially, the term Hindu was used for the inhabitants of India. The word Hindustan signifies this. This word is given by foreigners. It originated from the word Sindhu. The foreign invaders who initially came to Punjab named the residents and this country. The Persians used to call 'S' as 'H'. That is why they started calling the people living in the east of Indus as Hindustan and the eastern part of Indus as Hindustan. Gradually, India started calling Hindustan and all the people of the country as Hindus. During the Muslim rule, Sikhs, Jains, Buddhists and other castes were also considered as Hindus. Now who is the Hindu: - Now the following two types of people are considered Hindu - (1) Hindu by birth: - The following persons are considered Hindus by birth - (A) The children of the Hindu mother-father --- Such children whose mother-father are both Hindus, are considered Hindu. Even if such children are religious or unrighteous. (B) Those who have been reared in Hindu way ---- Such children are also considered Hindus, one of whose mother or father is a Hindu and was reared in Hindu way. Four classes of people are considered by birth in Hindus - Brahmins, Kshatriyas, Vaishyas and Shudras. (2) Hindu by conversion: Those people who have converted to their religion and accepted Hinduism or who were Hindu earlier, but later shifted to another religion, but now have accepted Hinduism again. Some important decisions have been given by the Supreme Court of India on conversion to Hinduism. In the case of Parumal v. Punnuswamy, AIR 1971 Su Ko Parumal who was a Hindu, married a Christian woman named Annapajam to Hindu custom. There was an agreement between the two at the time of marriage. In case of dispute regarding property, the dispute will be settled by Mitakshara law. After marriage, a boy named Punnuswamy was born, but relations of husband and wife deteriorated. Son Punnuswamy pleaded for partition in the joint estate of father Parumal. Parumal argued that since her marriage was void Annapajam was a Christian. Therefore Punnuswamy was an illegitimate son and in Mitakshara law, the illegitimate son has no right in the consent of the father. The Supreme Court ruled that the marriage between the two was valid as the marriage was solemnized by Hindu customs. Also after marriage he left Christianity. Therefore it would be presumed that she had become a Hindu before marriage. The court further determined that when a person has either accepted Hinduism or has taken up the practice, that person will be a Hindu provided he is accepted as a Hindu. It does not require any purification rituals.

Right to Divorce of Muslim Wife

Right to Divorce of Muslim Wife / Right to Divorce of Muslim Wife: - Muslim wife also has the right to divorce as follows - (1) Divorce - E-Tafweez / Delegated Divorce / Delegated Talaq: - A Muslim husband can delegate the right to divorce a person. Such a person can also be a wife herself. When a wife divorces under this right, it is called a divorced divorce. (2) Divorce by consent / Talaq by mutual consent: - Under this comes the following divorces - (A) Open: - When wife proposes divorce and husband gives consent and wife also provides some consideration for consent, it is called open. It has the following requirements - (1) Husband and wife should have adult and healthy mind. (2) The marriage is proposed to be severed by the wife and accepted by the husband. (3) Some money has been given by the wife to the husband for the consent of the separation of marriage. (4) Consent is given by both husband and wife. (B) Mubarat: - In Mubarat, either of the wife or husband can propose divorce and the other party can accept it. And no consideration is given in this. (3) Divorce by Court / Divorce by Court: - According to section 2 of the Muslim Marriage Separation Act, 1939, the court can grant a decree of divorce to the Muslim wife in 9 cases - (1) If husband is missing for four years or more. (2) When the husband neglects to feed his wife for two years or more. (3) When the husband has been sentenced to seven years or more and has become final. (4) When the husband fails to perform marital obligations for three years or more without reasonable cause. (5) If the husband has been impotent since the time of marriage and remains impotent till the application of divorce. (6) If the husband has been continuously mad for two years or has been suffering from leprosy or has been suffering from extreme venereal disease. (7) When the wife exercises her right to 'substitute for Yovanagam': - When a woman is married by a guardian other than the father or grandfather and the wife is less than 15 years old at the time of marriage, the wife has the right to complete the age of 15 years and before 18 years of age. If he wants to approve of marriage, even if he does not marry at the will of his wife, it is called the option of marriage. (8) On cruelty by husband. (9) Other grounds such as making false accusations of adultery etc.

Sources of Hindu Law

Sources of Hindu Law / Sources of Hindu Law The sources of Hindu law can be divided into two parts ----- Ancient and modern, they are as follows- (A) Ancient source --- (1) Vedas or Shruti - Vedas or Shruti are ancient sources of Hindu law. Four Vedas, six Vedangs, and eleven Upanishads are considered under Srutis. Rigveda, Yajurveda, Samaveda and Atharvaveda are the four Vedas of which the Rigveda is the oldest. In the six vedango - kalpa, grammar, verses, education, astrology and nirukta. The eleven Upanishads include - ish, ken, kantha, qya, munka, mandukya, aitareya, taittiriya, chhandogya, brihadaranyaka and shvetasvatar. (2) memory - Smriti means that which is remembered. Memories are also considered to be God-given even if they are not in the real words of God. It is believed that when God revealed the Vedas to the sages, the things which were written out of the Srimukh of God were called Vedas and the sages who wrote on the basis of remembrance were called memorials. They are considered to be the backbone of Hindu law. (3) Commentary and Essay - The commentaries are those in which a particular memory has been commented on and essays are those in which the method has been explained about it by presenting examples of unaccompanied memories and texts on a particular case. (4) Trends - Rudhi is considered a source of Hindu law since ancient times. There are three types of practices --- (1) Local trends - which apply in a particular place. (2) Classical trends - which apply to a particular caste or class. (3) Family habits - which apply to a family or family. (B) Modern Source ----- (1) Vidhanayana - Vidhanayana is a modern and important source of Hindu law. Legislation passed by the Parliament or the Legislature is called legislature. Which have the following - (1) Hindu Widow Remarriage Act, 1856. (2) The Prohibition of Child Marriage Act, 1929. (3) Special Disputes Act, 1954. (4) Hindu Marriage Act, 1955. (5) Hindu Succession Act, 1956. (6) The Hind Minorities and Guardianship Act, 1956. (7) The Hindu Adoption and Maintenance Act, 1956. (2) Judicial decisions - Judicial decisions are the modern source of Hindu law. Decisions of higher courts in India apply to lower courts. When a matter related to Hindu law comes before any court, if the decision has been given before the Supreme Court or any other higher court on that matter, then the court adjudges the case on the basis of the decision of the higher court. In this way, that decision becomes the source of Hindu law. (3) Justice, equity and discretion - Sometimes a case comes before the court on which there is neither a legal provision nor a decision of any court. In such a situation, the court has to decide the case on the basis of equity, justice and discretion. Gradually it becomes a rule.

Essential conditions of Hindu marriage

Essential conditions of Hindu marriage / Essential conditions for Hindu marriage Section 5 of the Hindu Marriage Act lays down the following conditions for Hindu marriage. (1) A marriage - Section 5 (1) of the Act stipulates that at the time of marriage, neither of the parties should have a surviving wife nor the bride should have a surviving husband. But this does not mean that the bride and groom should be single at the time of marriage. They may be unmarried, widowed or widower and divorced. Second marriage and conversion - The marriage does not end by conversion, but the other party gets the right to end the marriage. The practice and practice of multi-marriages- The Supreme Court in Dr. Surajmani v. Durgacharan Hansda, AIR 2001, observed that polygamy has been recognized under the practice and custom of the Scheduled Tribes, then in such a situation, the practice and The practice will be supreme. Marriage done outside India --- The husband had a previous wife and the first marriage took place in England before 1955. If the husband performs a second marriage during the life of the first wife, such a marriage will be void and void even if the marriage world. Has been done in some corner of Because Hindu law applies to every Hindu irrespective of where he resides. Consequences on breach of condition - According to Section 11, if the former spouse of either of the parties is alive at the time of marriage, such marriage will be void and void. Punishment --- The married couple will be punished under section 494,495 of the Indian Penal Code. (2) Not being mentally unwell --- The second condition of marriage is that the marriage parties are mentally healthy. That is, (a) should not be unable to give valid consent due to mind distortion (b) should not be disqualified for procreation. (C) Do not suffer from seizures of mania. Consequences on breach of condition - When a party has been aggrieved in any of the above ways at the time of marriage, the other party of the marriage can apply to the court and declare the marriage voidable under Section 12. (3) Age - According to Section 5 (3), at the time of marriage, the age of the bride should be 21 years and the bride's age should be 18 years. Violation of the condition results - a marriage done in violation of this condition is valid. Only those who get married can be punished. (4) Marriage not under prohibited kinship - Marriage between the parties falling into prohibited kinship will be null and void. (5) Lack of favor of the parties of the marriage - If the parties of the marriage are the SPEED, then the marriage between them will be null and void. But if the orthodoxy or practice of both parties recognizes such marriage, then the marriage will be valid.