Hindu Law, also known as Hindu Personal Law, governs the personal and family matters of Hindus, Buddhists, Jains, and Sikhs in India. It is derived from ancient texts, customs, and modern statutes, blending religious principles with secular reforms.
Sources of Hindu Law
– Ancient Texts: Primarily the Vedas, Smritis (e.g., Manu Smriti), and commentaries by sages like Yajnavalkya and Narada. These form the foundational religious and customary laws.
– Customs: Local and family traditions that are valid if they are ancient, certain, reasonable, and not opposed to public policy.
– Judicial Decisions: Precedents from courts, including the Supreme Court of India, which interpret and evolve Hindu Law.
– Legislation: Post-independence statutes like the Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Hindu Adoption and Maintenance Act, 1956; and Hindu Minority and Guardianship Act, 1956, which codify and modernize the law.
Historical Evolution
Hindu Law originated in Vedic times and evolved through various periods:
– Ancient Period: Based on Dharmashastras, emphasizing duties, rituals, and social order.
– Medieval Period: Influenced by Islamic rule, leading to some syncretic practices, but core Hindu principles persisted.
– Colonial Era: British courts applied Hindu Law in personal matters, often through interpretations by Hindu scholars.
– Post-Independence: Reforms aimed at gender equality and social justice, such as abolishing polygamy and granting women inheritance rights.
Key Schools and Principles
– Schools: Two main schools are Mitakshara (prevalent in most of India, emphasizing joint family property) and Dayabhaga (followed in Bengal and Assam, focusing on individual ownership).
– Core Principles:
– Marriage: A sacrament (samskara) under traditional law, now regulated by the Hindu Marriage Act, allowing monogamy, divorce, and judicial separation.
– Inheritance: The Hindu Succession Act provides for equal inheritance rights, including for daughters, and recognizes coparcenary in joint families.
– Adoption: Governed by the Hindu Adoption and Maintenance Act, permitting adoption to continue family lineage and provide for heirs.
– Maintenance and Guardianship: Obligates family members to support dependents, with courts ensuring child welfare and parental rights.
Reforms and Modern Aspects
Significant reforms include:
– The Hindu Code Bills (1950s) that modernized laws to align with constitutional principles of equality and justice.
– Amendments, such as the 2005 amendment to the Hindu Succession Act, granting daughters equal coparcenary rights.
– Applicability: Hindu Law applies to Hindus by birth or conversion, but non-Hindus can opt for it in certain cases.
– Challenges: Issues like live-in relationships, surrogacy, and uniform civil code debates continue to shape its evolution.
Hindu Law balances tradition with contemporary needs, promoting social harmony while adapting to India’s diverse cultural landscape.
Table of Contents
- Part 1: OnlineExamMaker AI Quiz Maker – Make A Free Quiz in Minutes
- Part 2: 20 Hindu Law Quiz Questions & Answers
- Part 3: Try OnlineExamMaker AI Question Generator to Create Quiz Questions
Part 1: OnlineExamMaker AI Quiz Maker – Make A Free Quiz in Minutes
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Part 2: 20 Hindu Law Quiz Questions & Answers
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1. What is the minimum age for marriage for a Hindu male under the Hindu Marriage Act, 1955?
A. 18 years
B. 21 years
C. 16 years
D. 20 years
Answer: B
Explanation: Under Section 5(iii) of the Hindu Marriage Act, 1955, the bridegroom must have completed 21 years of age at the time of marriage.
2. Which of the following is not a ground for divorce under the Hindu Marriage Act, 1955?
A. Cruelty
B. Desertion
C. Adultery
D. Mutual consent for less than one year
Answer: D
Explanation: Mutual consent is a ground for divorce, but it requires the couple to have lived separately for at least one year under Section 13B.
3. In Hindu law, who succeeds to the property of a Hindu male dying intestate?
A. Only sons and daughters
B. Class I heirs as per the Hindu Succession Act
C. Only the spouse
D. Distant relatives first
Answer: B
Explanation: Under Section 8 of the Hindu Succession Act, 1956, the property devolves upon the Class I heirs in the order specified.
4. What is the concept of ‘coparcenary’ in Hindu joint family law?
A. Equal share for all family members
B. Property owned by the family head alone
C. Birthright to ancestral property for certain members
D. Property divided only after death
Answer: C
Explanation: Coparcenary refers to the right by birth to the joint family property for sons, and now daughters, as per the Hindu Succession (Amendment) Act, 2005.
5. Under the Hindu Adoption and Maintenance Act, 1956, who can adopt a child?
A. Only married couples
B. Any Hindu, including a single person
C. Only males
D. Only females
Answer: B
Explanation: Section 7 allows any Hindu, whether single or married, to adopt, provided they meet the capacity requirements.
6. What is the primary condition for a Hindu marriage to be valid?
A. Registration
B. Performance of religious ceremonies
C. Exchange of gifts
D. Written agreement
Answer: B
Explanation: Section 7 of the Hindu Marriage Act, 1955, requires the marriage to be solemnized with the appropriate rites and ceremonies.
7. In Hindu succession law, what happens to the property of a female Hindu dying intestate?
A. It goes to her husband’s heirs
B. It devolves as per Section 15 of the Hindu Succession Act
C. Only her children inherit
D. It reverts to her parents
Answer: B
Explanation: Section 15 specifies the order of heirs for a female Hindu, prioritizing her children, husband, and then other relatives.
8. Which act governs the maintenance rights of a Hindu wife?
A. Hindu Marriage Act
B. Hindu Succession Act
C. Hindu Adoption and Maintenance Act
D. Indian Divorce Act
Answer: C
Explanation: The Hindu Adoption and Maintenance Act, 1956, under Section 18, provides for the maintenance of a wife by her husband.
9. What is a ‘void marriage’ under Hindu law?
A. A marriage that can be annulled
B. A marriage treated as never existed
C. A marriage with minor issues
D. A marriage without registration
Answer: B
Explanation: Section 11 of the Hindu Marriage Act declares certain marriages void from the beginning, such as those within prohibited degrees of relationship.
10. Who can be a guardian of a minor Hindu child under the Hindu Minority and Guardianship Act, 1956?
A. Only the father
B. The mother or father, with mother having priority in certain cases
C. Any relative
D. The state government
Answer: B
Explanation: Section 6 states that the natural guardian is the father, but the mother is the guardian if the father is absent or deceased.
11. Under the Hindu Succession Act, can a daughter be a coparcener in a joint Hindu family?
A. No, only sons can
B. Yes, after the 2005 amendment
C. Only if she is the only child
D. Yes, but with limited rights
Answer: B
Explanation: The Hindu Succession (Amendment) Act, 2005, grants daughters equal coparcenary rights in joint family property.
12. What is the time limit for filing a petition for restitution of conjugal rights under Hindu law?
A. No limit
B. One year
C. Three years
D. Six months
Answer: A
Explanation: There is no specific time limit under Section 9 of the Hindu Marriage Act for filing a petition for restitution of conjugal rights.
13. In Hindu law, what is ‘stridhan’?
A. Property gifted to a son
B. Property owned exclusively by a woman
C. Joint family property
D. Inherited ancestral land
Answer: B
Explanation: Stridhan refers to the absolute property of a Hindu woman, as per customary law, which she can dispose of at her will.
14. Which of the following is a prohibited degree for marriage under Hindu law?
A. Sapinda relationship
B. Distant cousins
C. Friends
D. Colleagues
Answer: A
Explanation: Section 5(v) prohibits marriage between persons related by sapinda or within degrees prohibited by custom.
15. Under the Hindu Marriage Act, what is required for a divorce by mutual consent?
A. Living separately for one year
B. Agreement of both parties
C. Court approval only
D. All of the above
Answer: D
Explanation: Section 13B requires the couple to have lived separately for at least one year, mutual consent, and court approval.
16. Who inherits the property if a Hindu male has no Class I heirs?
A. Class II heirs
B. Government
C. Distant relatives
D. Only his wife
Answer: A
Explanation: Under Section 8 of the Hindu Succession Act, if there are no Class I heirs, the property passes to Class II heirs.
17. Can a Hindu will their property to anyone they choose?
A. No, only to family members
B. Yes, through a testamentary disposition
C. Only to sons
D. Not if they have daughters
Answer: B
Explanation: Hindus can make a will under the Indian Succession Act, 1925, to bequeath their property to anyone, except for coparcenary property.
18. What is the effect of conversion to another religion on Hindu law succession?
A. No effect
B. The person loses succession rights
C. Only partial loss
D. Depends on the family
Answer: B
Explanation: Under Section 26 of the Hindu Succession Act, a convert to another religion ceases to be a Hindu for succession purposes.
19. Under Hindu law, what is ‘maintenance’?
A. Financial support for family
B. Property division
C. Adoption rights
D. Marriage ceremonies
Answer: A
Explanation: Maintenance refers to the obligation to provide financial support to dependents, as outlined in the Hindu Adoption and Maintenance Act.
20. Which court has jurisdiction over matters of Hindu marriage?
A. Family court
B. District court
C. Supreme Court
D. Both A and B
Answer: D
Explanation: Under the Hindu Marriage Act, petitions can be filed in the district court or family court, depending on the jurisdiction.
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