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Sources of Hindu Law:
"Hindu law has the oldest pedigree of any known system of
jurisprudence, and even now it shows no sign of decrepitude."-
Henry Mayne.
The phrase “source of law” has several connotations. It may be the
authority which issues rules of conduct which are recognized by
Courts as binding. In this context, ‘source of law’ means ‘the
maker of law’. It may mean the social conditions which inspires
the making of law for the governance of the conditions. In this
context it means ‘cause of law’. It may also mean in its literal
sense the material from which the rules and laws are known. In
this sense the expression means the ‘evidence of law’ and it is in
this sense that the expression ‘source of law’ is accepted in
Jurisprudence.
Constitutional Validity Of Marriage Laws
Amendment Bill-2010:
Marriage Laws Amendment Bill-2010 is constitutionally valid and it
is in the true spirit of Constitution of India and satisfies the
ground of reasonableness.
In introduction to 59th Law Commission of India Report, former
Chief Justice of India Mr. P. B. Gajendragadkar observed:
"It may sound platitudinous but is nevertheless true that revision
of law is must" in a dynamic society like ours, which is engaged
on the adventure of creating a new social order founded on faith
in the value system of socio - economic justice enshrined in our
Constitution. With the changing times, notions of fairness and
justice assume newer and wider dimensions and customs and beliefs
of the people change. These in turn demand changes in the
structure of law; every progressive must make a rational effort to
meet these demands. Between the letter of the law and the
prevailing customs and the dictates of the current value system
accepted by the community, there should not be an unduly long gap.
Child Custody & Guardianship:
Child custody and guardianship are legal terms which are sometimes
used to describe the legal and practical relationship between a
parent and his or her child, such as the right of the parent to
make decisions for the child, and the parent's duty to care for
the child.[1] The religion-based distinction of the personal laws
is an evident and accepted fact. These laws are zealously guarded,
fiercely protected and justified by the various religious
communities.[2] Before the advent of the British rule, the major
laws of inheritance in India had either their roots in the
respective religion or were deeply influenced by the personal
laws, owing their allegiance to religion.
Mothers and fathers both have a prominent role to play in
supporting the growth and development of their children. The basic
opinion of the child and the mother is highly ignored while
determining the custody of the child. Because a father earns more
than a mother, it does not entitle him to get the custody of the
child in the event of a divorce. This situation is changing in
recent times. Child custody is being awarded to the parent keeping
in view the best interests of the child.
Keeping in account the need for brevity of the draft, I would like
to diversify my draft into three main chapters.
They are:
Chapter -1 ( Child custody and Guardianship in Hindu law)
Chapter -2 (child custody and Guardianship in Muslim Law)
Chapter -3 (child custody and guardianship in The West)
CH-1 (Child custody and Guardianship in Hindu law)
The Hindu law of guardianship has been codified and reformed by
the Hindu Minority and guardianship Act,1956. With the help of the
provisions of the act[3],it will be convenient to discuss the
subject matter under suitable sub-headings.
1. Guardianship of person of minors
2. Guardianship of the property of minors.
3. De-facto guardians
4. Guardians by affinity
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An
Urgent Need For Change In The Hindu Succession Act - Regarding
Inheritance Of Property Of Female Hindu Dying Intestate
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