Hindu Law

Since time immemorial, there is social stigma surrounding a child who is not born to legally wedded/married parents. This is no different under Hindu law. A child is considered illegitimate when he/she is born to parents who were not legally married to each other at the time of the child’s birth. In a landmark case, Mongal Chandra v. Dhirendra, AIR 1976 Cal. 129, the court recognized an illegitimate son as the son of a permanent and exclusive mistress of a particular person.

The Hindu Minority and Guardianship Act, 1956, regulate the laws pertaining to minority and guardianship among Hindus. It extends to whole of India except for the state of Jammu and Kashmir. Few important definitions under the Act are:

In every family, certain relationships impose legal obligations and responsibilities depending on the nature of the relationship. In Hindu law, a daughter has a right to claim maintenance from her father. The term ‘maintenance’ includes provisions for basic facilities, such as food, clothing, shelter, education and medical treatment. On the event of the father’s death, the unmarried or widowed daughters can be considered as his dependents and they can claim maintenance from his property.

Hindu law prescribes acceptable sources of woman's property. Under Hindu law, a Hindu woman can acquire property through any of the prescribed sources.

According to the definition of Stridhana by Vijnaneshwara, any property belonging to a woman is termed as Stridhana. This is accepted by some schools in Hindu law and rejected by others.

Even though the practice of child marriage is decreasing slowly, its prevalence continues to subsist in India. The practice is highest in the eastern and central regions of the nation. Besides, rural, poor and uneducated girls for all over the nation continue to be highly vulnerable to child marriage. According to a 2009 UNICEF report, ‘State of the World’s Children’, 47% of Indian women between the age of 20 and 24 were married before attaining the legal age of 18. Of this, 56% belonged to the rural areas. The report also stated an alarming fact that 40% of the total child marriages cases in the world occur in India.

After the Vedas, the most important source of Hindu law is the Smriti. When translated into English, the word “Smriti” means ‘that which is remembered.” The Smritis represent what was heard as God’s revelation by the sages which was later shared by these sages in their own words.

For many purposes such as marriage, adoption, succession and dissolution of marriage, Hindus in India follow the laws as revealed in the Vedas and through divine commentaries. Courts in India recognize the Vedas as a source of divine law because the Vedas are believed to be divine. Hindus believe that the Vedas were revealed to sages and ascetics. These revelations were made to guide people through different phases of life as explained in the Vedas.

Hindu Law: Traditional Sources

The traditional sources of Hindu law are:

Indian Hindus are typically governed by the marriage customs and Hindu traditions that evolved as part of Hindu marriage law. For the same reason, most young non-resident Indian couples prefer to tie the knot in India so as to conduct it in consonance with the marriage customs that are a part of the Hindu tradition.  Interestingly, a judgment about Indian Hindu marriage customs is reported on March 5, 2010 that has broad legal implications for Hindu NRIs.

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.