1. Sruti contains 4 Vedas
2. Sruti is the orginal & primary source of hindu system law
3. Smirtis that are in prose form are called Dharmasutras
4. Smritis that are in verse form are called Charmashatras
5. The hindu law is derived into 2 Schools
6. The head of the joint family is called as Karta
7. Hindu law treats marriage as the Holy Sanskar
8. 7(sec) section of hindu marriage Act 1955 list out the conditions to be fulfilled
for solemnisation of marriage between two hindus
9. 8 section of hindu marriage Act 1955 enables the state government to make
rules for purpose of registration of marriage.
10. Counselling is a hope of bringing neared both the spouses and to avoid
conflicts
11. A voidable marriage is Valid until it is set aside by competent court of law
12. A marriage is voidable if the marriage is BIGAMOUS one
13. An application for getting the voidable marriage declared a nullity it may be
presented by Either party to the marriage
14. Judicial separation puts the obligation of co-habitation to an END although it
does not affect the marital relationship
15. During the operation of decree of judicial separation parties to the marriage
cannot RE-MARRY again
16. Sec 13(b) Of HM Act 1955 provides the provision of Divorce Decree by
mutual Consent
17. In Sambireddy Vs Jayamma it was held that the sec II does not offend Article
15(1) of the constitution.
18. An example of mental cruelty to the wife on the part of husband Frequent
demand of dowry
19. An example of mental cruelty to the husband on the part of wife 498(a)of the
IPC
20. Under sec 14 of HM act 1955 , no court shall entertain a petition of divorce
before expiration of a period of One year from the date of marriage.
21. If one of the spouse is dead the other cannot seek a decree of Disolution of
marriage
22. 9 sec of HM act 1955 provides the remedy of restitution of conjugal rights
23. A decree under 11 of HM act 1955 , will be final and court shall declare the
marriage as nullity
24. Alienation impose an actual transfer of title
25. Alienation means transfer of ownership of property and possession of lands
and tenements or other things to another person
Short Notes
1. Sources of HINDU LAW
Ans. The sources of Hindu Law can be classified into
I. Ancient sources
Vedas
Smritis
Digest and commentaries
Customs
II. Modern Sources
Judicial Decisions
Legislation
Equity Justice and good conscience
2. Schools of HINDU LAW
Ans. Originally Hindu Law was applied to the whole of India but subsequently it
divided into two main schools and some sub-schools
Mitakshara School>
1.Benaras School 2. Mithila School 3.Maharashtra Or
Bombay School
4. Dravida Or Madras School 5.Punjab School
Dayabaga
3. Polygamy
Ans.Polygamy means plural marriage or marriage involving more than one spouse
simultaneously . Polygamy includes “ Bigamy”. Bigamy means the husband having
two wifes, or the wife having two husbands
4. Regstration of marriage
Ans. In the ancient hindu marriage. There was no registration system. Bceause the
hindu marriage was considered as “ Sacred”
There was no “ Divorce System:
Section 8 of HM act 1955 provide that registration of the hindu marriage is optional
5. Ceremonies of marriage
Ans. Section 7 of HM Act 1955 adopts the ceremonies
No particular form of marriage
Necessary religious ceremonies
Vagdan
Formalities including the recitation of holy texts before the sacred fire
Saptapadi
State amendments
Registration of Hindu Marriages
Types of Marriage: Monogamy, Polygamy, Polyandry
6. Nullity of marriage
Ans. Nullity of Marriage is cancellation or annulation of a marriage. It is
matrimonial relief provide to either party, to a marriage under HMA, 1955. But no
others. The HMA 1955, Provides for the pre-marital conditions to solemnize a
marriage between two Hindus Under sec 5 . Out of them 3 conditions are
mandatory or absolute.The violation of which makes the marriage void under sec
11. Condition laid down u/s 5(ii) , mental capacity is recommendary condition , the
violation of which makes the marriage only voidable under sec 12
7. Judicial Separation
A petition can be filed on any of the grounds specified in sub-section (1) and
(2) of Section 13. Judicial or legal separation means living apart by the
parties to the marriage. If a decree for judicial separation is passed by a
competent Court, it is no longer obligatory for either party to cohabit with the
other. Such a decree does not sever or dissolve the marriage. Yet it is equally
true that certain mutual rights and obligations arising from the marriage are
suspended when such a decree is passed.
8. Divorce
Ans. Divorce Put and end to marriage
Section 13 of the hindu marriage act,1955 describes divorce and
the condition to obtain divorce
Divorce is stronger, drastic and last remedy than judicial
separation
By the decree of divorce, the parties are entitled to get remarried
of his/her choice
The divorce woman cannot file for the maintenance under the “
Hindu adoption and maintenance act, but she can file for the
maintenance under sec 125 CRPC
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