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Sources of Family law

Firstly we have to know about that what is family law:
Family law is a body of law which governs or we can say regulating family relationships, including marriage and divorce, the treatment of children, and related economic matters.

Now sources of family law are as follows:
  • Ancient sources
  • Modern Sources
     
Ancient sources includes:
Shruti: Shruti means what was heard.

The Shruti transcripted into 4 vedas:
  1. Rig Ved:
    Rig Veda is an ancient Indian collection of Vedic Sanskrit hymns (suktas)
     
  2. Yajur Ved:
    The Yajurveda is the Veda primarily of prose mantras for worship rituals.
     
  3. Sam Ved:
    Is the Veda of melodies and chants
     
  4. Athur Ved:
    The Atharvaveda is a collection of 20 books, with a total of 730 hymns of about 6,000 stanzas.
It contains divine revelations.

Smriti:
It literary means what was remembered.

It consist of Dharmsutras: The main authors are:
  1. Gautam
  2. Baud Ayana
  3. Rishi vishu
  4. Vasisth

Dharmsastra's: The main authors are:
  1. Achara - Religous obervensis
  2. Vyavhar - Rules of civil law
  3. Prayachit - Guilt

Commentary:
New legal rules were made for the advanced society. the main commentator of this source were:
  • Manusmiriti
  • Yajnavalkya Smiriti
Custom:
A traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time. Requirement of valid custom:
  1. It must be ancient since time is immemorial
  2. It should be continuous.
  3. It should not be unreasonable.

Modern Source:
  1. Equity the quality of being fair and impartial.
  2. Justice just behaviour or treatment.
  3. Good Conscience Feel free of guilt or responsibility
During the british administration the court used to give decision in accordance with Equity, justice, good conscience. They used to give decision on specific laws. Legislation:
Those laws which is make by parliament. Four major enactment of Hindu Laws as follows:
  • Hindu Marriage Act 1955
  • Hindu Succession Act 1956
  • Hindu Adoption and Maintenance Act 1956
  • Hindu Minority and Guardianship Act 1956

Judicial decision:
An official action or decision that has happened in the past and that is considered as an example or rule to follow in the same situation later.

Written By: Yash Sharma, Pursuing- BBA.LLB

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