Hindu Family Law is a set of regulations which govern inheritance and property division among Hindus as well as marriage, divorce and child custody matters.
This Unit will assist in your understanding of Hindu law’s foundation. You will learn to: identify which classes of people it applies to; trace its history and sources; as well as discern when someone might violate its rules to an illegal degree.
Marriage
Hindu family law’s central focus on marriage is its regulations for legitimate unions and separation. This covers everything from ceremonies and rites, through divorce and separation proceedings, all the way through to annulments or legal separation proceedings.
The Hindu Marriage Act of 1955 provides a vital foundation for this branch of family law, providing detailed instructions for conducting wedding ceremonies and what conditions must be fulfilled to make them valid. Furthermore, this Act includes information on how marriage can be ended for reasons such as mental unfitness or when either party has committed rape, sodomy, or bestiality against their partner.
This act also details grounds for divorce and separation, such as desertion lasting two years or longer, conversion to another religion, incurable disease such as leprosy or venereal disease in an incurable form and maintenance due to this act from their partners; women also have the right to file for maintenance from their partners under this act, however newly married couples cannot divorce during the first year of marriage.
Divorce
In 1955, with the passing of the Hindu Marriage Act and three other key laws, Hindus now enjoy uniform laws regarding marriage, succession and inheritance for marriages, as well as matters such as child custody. Hindu family law also encompasses rights and responsibilities of parents when it comes to providing for their children’s wellbeing.
One of the most contentious aspects of Hindu family law is divorce, once seen as contrary to religion but now seen more permissively due to legal developments and social needs.
Divorce can be granted on grounds such as desertion, adultery, mental cruelty and incurable diseases such as leprosy – or when one spouse opts out. Newlywed couples cannot seek divorce within their first year of marriage because this violates chastity and God’s will – although courts have discretionary powers to waive this rule depending on the specifics of each case.
Inheritance
When a Hindu person dies without leaving a will, their property will be distributed among their legal heirs in accordance with the Hindu Succession Act. Heirs are classified into various classes according to their relationship to the deceased – these classes include Class I, II, Agnates and Cognates – while this Act also contains provisions regarding who can claim preference over others.
Before the introduction of the Hindu Succession Act, female heirs only had limited rights in joint family property; now, however, they are entitled to equal inheritance rights with male heirs – an amendment which many Hindus found offensive as it undermined religious teachings.
Before the Act was enacted, heirs of Hindus who died intestate were subject to coparcenary and survivorship laws; after its passage, however, these rules were altered so as to place greater emphasis on succession rather than coparcenary laws.
Child Custody
Hindu family law regarding child custody focuses on the wellbeing and best interests of children. Courts may award custody rights to either parent, but any final decisions must be based on what best meets the child’s interests and needs. Guardianship must meet physical, emotional, educational needs as well.
Usually, mothers are given preference in awarding custody as they are considered their child’s “natural guardian” until age five. However, courts can award custody to fathers if they believe the mother is unsuitable for his/her wellbeing and vice versa.
Courts must consider both the Hindu Marriage Act and Guardians and Wards Act when making custody decisions, taking into account their provisions as they pertain to child welfare and balance personal law with central law based decisions that ensure children receive priority treatment. When making these decisions, parents are ultimately held accountable based on what’s best for their child’s well-being – an integral aspect of prioritizing children’s wellbeing over other priorities.
