Legal Questions in Hindu Law
In a Hindu marriage, a decree for divorce can be sought based on specific grounds such as adultery, polygamy, renunciation, conversion by a spouse and so on. However, many legal problems are not just about Hindu divorce law. There are so many legal questions about adoption, maintenance and inheritance that Hindu individuals or families face often.
Here are some questions that came up in some landmark Hindu law cases.
Can a marriage be set aside if the bride is not a virgin?
No. However, if the bride is pregnant by another person, the marriage can be set aside, provided the husband can prove that he was ignorant of this fact at the time of marriage, did not have intercourse with her after discovering this fact and the petition to set aside the marriage is made within a year from the date of marriage.
Can a child marriage be set aside?
No. The Hindu Marriage Act 1955 states that the bridegroom should have attained 21 years of age. Also, the bride should have attained 18 years of age at the time of marriage. However, child marriages have always been considered valid. The Smritis laid down that if a child bride is given in marriage, the consent of her guardian must be obtained. Without the guardian’s consent, the marriage can be set aside. If the current age bar is violated and minors do marry, punishment is provided. However, the marriage is valid.
Does a wife’s habit of smoking amount to ‘cruelty’?
No, it does not.
Does showing hostility towards the husband’s family and making it apparent that they are not welcome to the husband’s house amount to cruelty?
Yes, it does.
Does serving beef to a vegetarian Hindu husband amount to cruelty?
Yes, it would amount to cruelty, unless the wife is a Christian who is accustomed to eating beef regularly.
Can an unmarried Hindu woman who has given birth to a child give away the child legally for adoption? What about a married Hindu woman?
Yes, an unmarried Hindu woman can do so. However, a married Hindu woman cannot do so.
Can a Hindu step-mother give away her step-child for adoption?
No, this is not permissible.
Can a Hindu widow sue her father-in-law for maintenance?
In case there is coparcenary property with the father-in-law out of which the widowed daughter-in-law has not taken a share, there is a legal obligation to provide maintenance. However, if there is no coparacenary property, it is merely a moral right that is legally not enforceable.
Nice questions but too short answers!! You can explain the clauses a bit. It will give the reader a better understanding of the subject.
I wonder whether the questions/answers above are based on laws or just precedents...
If the legal system has to cover for combinations like, 'serving beef to a vegetarian Hindu husband would amount to cruelty, unless the wife is a Christian who is accustomed to eating beef regularly.' then there would be just too many combinations to cover...
Good post...but yes I agree that the answers were quite clipped. Moreover, the answers used some legal lingo that a common person such as me would not understand. I would appreciate it if the posts use the least amount of lingo.
Thank you all for the constructive comments. All the questions are important questions of law that arose in various matrimonial appeals before the Supreme Court in family law cases. These questions of law span several decades but they remain valid precedents because they have not been struck down despite all these years.
These landmark rulings of the Supreme Court did cover strange combinations, keeping in mind the following factors:
1. Peculiarity of each family dispute in consonance with the socio-cultural framework that is prevalent and practiced in each community to which the husband and wife belong/adhere to.
2. Personal laws, arising out of the religious affiliation, of both the husband and wife.
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Now, I have a question..But amn't sure where to place the question.
Am in love with a girl whom we got married recently on 5th feb 2010. She was a major ( 18 yrs old ) and me too ( 22 years old ). It was a love marriage and we got married without our parent's per mission or knowledge. The issue is that she doesnt have her mother and her father got remarried long back and settled in Maharashtra. She is living with her grandmother and 2 uncles. Out of which her younger uncle wanted to get married to her just because of the property. We went out of the house on 5th feb n stayed together till 14th of the same month. Her uncles traced us and approached us telling that they liked me and shall celebrate the reception in a bigger way and had promised us that they wont separate us. Once we came back to our place, the entire story changed. We both were separated and she was forced to get married to her uncle. On 26th of feb she went to police station and gave a statement that she is already married and cant be married to anyone else. Then later, though i have the copy of it, the original was torn. Now she is forced to be with her people in her native and they are forcing her again for the marriage. Since I am working abroad, am really puzzled what to do.
The biggest mistake we committed was that we are not registered. But the marriage photographs along with the video is with me. Will this stand in the court as a proof if I move the case to Court??...
Please keep me informed about the same through mail
my mail address is
hariprotector@gmail.com
Thank You people for the lovely help you guys do to me.
God Bless each and one of you all.
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