Court : Chennai
Reported in : 131Ind.Cas.9
..... permissible for such a disqualified heir, his eligibility to perform his father's obsequial ceremonies and sradhas stands on a different footing and is negatived by several texts bearing on ancient hindu law.7. that one who is suffering from a virulent form of leprosy is disqualified for performing even the ceremonies of adoption has been hold in judicial decisions. that is the ..... difficulty. in support of the contention on behalf of the plaintiff (1st respondent), his learned advocate mr. sampath ayyangar referred me to several ancient texts of hindu law and also to the opinions of the modern text writers on hindu law.5. in order to understand the reason for the rule that a sonless man may adopt, we have to see what the real purpose ..... competence to offer oblations of food and libations of water are extinct, (page 116 of setlur's book). it is observed by mr. ghose (in his hindu law, 3rd edition) at page 59 that in ancient times the competence to perform sradha corresponded with the right to take the inheritance and the rule was that he who takes the inheritance gives the pinda ..... learned author refers to the observations in dattaka mimamsa, section 2, verse 62, as supporting this view. the following passage is found at page 104 in travelyan's book on hindu law (and edition): 'if the son be permanently incapable of performing religious rites by reason of congenital blindness, deafness, dumbness, impotency, lameness, virulent leprosy, insanity, idiocy, or from any other reason .....Tag this Judgment!
Court : Chennai
Reported in : AIR2001Mad363
..... satisfactory evidence and this burden cannot be discharged by contending that the persons claiming the custom can be classified only as shudras. even if a rule of ancient hindu law is only recommendatory in nature. yet when once custom is pleaded against the said rule, it is but necessary in order to uphold the said custom ..... was adopted, her case of adoption would go. it is further made out that adoption of a daughter is an exception to the general rule in hindu law and the exception has got to be pleaded and proved and in the instant case, the plaintiff has not pleaded the custom and proved the customary adoption ..... was given in adoption.29. reverting back to the case of the appellant, it is submitted that adoption of a female child was not known to hindu law prior to passing of the act in the year 1956 and admittedly, the plaintiff purported to have been adopted prior to passing of this act. in ..... bai speaks about the form of adoption and further states that a boy, who has lost both his parents cannot be adopted, it is stated.'under the hindu law, it is essential to the validity of an adoption that the child should be 'given' to the adopter by the father, or, if he be dead ..... tendered by witnesses were contradictory with each other and declined to accept the case of the plaintiff.7. the trial court further considered the question whether under hindu law, a female could be taken on adoption and came to the conclusion that among hindus, it was not at all possible to adopt a female child .....Tag this Judgment!
Court : Delhi
Reported in : AIR1973Delhi46; 8(1972)DLT292
..... best known to her, to leave her husband and it was she who left her husband, not that the husband deserted her. (8) the ancient hindu law was based on the concept of dharma which included the supremacy of morals and the established code of conduct laid down by the scriptures. with the ..... change in the way of life and the outlook of people the thought of process for bringing about changes in hindu law also started. it was realised that the ancient way of life must yield to a more realistic approach in human relationship. this ultimately resulted in codification of various facts ..... of hindu law adapted to suit the requirements of the modern way of life. the enactment of the hindu marriage act, 1955 was a result of this change in thinking, to do away with the ancient outmoded concept of marriage and to put this human ..... single judge of this court, whereby accepting the appeal of the respondent herein, the petition of the appellant herein for judicial separation under section 10 the hindu marriage act, 1955 (hereinafter called the act) was dismissed. (2) the appellant and the respondent are hindus who were married at delhi on 2nd ..... relationship on a more rational basis. thereforee, in construing the provisions of this law, a practical and human approach .....Tag this Judgment!
Court : Chennai
Reported in : AIR1925Mad841; 90Ind.Cas.165
..... is in respect of a debt, which it is not the pious duty of the sons, under the hindu law, to discharge.2. in regard to the application of the rule enunciated in the ancient hindu law texts, the courts were confronted, from time to time, with great difficulty. the bare statement of the rule ..... see chhaukauri mahton v. ganga prasad (1912) 39 cal. 862. this decision is quoted with approval in recognised text books on hindu law; (see sarkar sastry's hindu law p. 347, edn. 1924; mayue's hindu law p. 405; and trevelyan p. 302) and i am prepared to follow it.93. in the result, after carefully considering ..... a decree for mesne profit?, obtained against his father, are entitled to great weight and are quoted with approval in many modern treatises on hindu law : (see sircar sastri's hindu law, 1924 edition, p. 347; mayne, p. 405).50. i shall now dispose of two minor contentions. first, it was suggested ..... contracted by their father, which they are cot bound to discharge, on the ground of pious obligation to pay their father's debts, under the hindu law; and (2) that their father spent the income of the properties in his possession on dancing girls and boon companions. the subordinate judge overruled ..... destroyed his thing, through anger, if anything is promised in satisfaction, it is called a debt for anger.34. (translation of ghose, see his 'hindu law' p. 546).35. mr. venkatasubramania iyer's contention is that liability for mesne profits falls within the second verse above quoted.36. the text of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1975Cal118
..... by vachas-pati misra (particularly for the mithila school of hindu law), raghunandan on his udbahatawitta, risley's tribes and castes of india and law and customs on hindu castes by arthur steel.4. out of the eight kinds of marriage laid down by the ancient hindu law givers, four only were in approved forms viz., brahma ..... the fifth and the seventh from the mother and from the father respectively. so that is how the ancient law givers of india directed a groom to choose his bride. marriage, according to hindu law was sacred and it is the religious duty of the father to give his daughter in marriage to ..... prayer (c) may be referred to which is a prayer for mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his lifetime cannot merry any other girl. this shows that the admitted case of the ..... according to gandharva form. there was also a prayer for a mandatory injunction compelling the defendant to marry the plaintiff according to the present hindu law and a permanent injunction so that the defendant during his life cannot marry any other girl.16. the learned judge declared the marriage of ..... disuse in west bengal are not altogether obsolete in all the states of india, and particularly between the parties governed by the mithila school of hindu law. (ii) a marriage in gandharva form may be completed by the performance of ceremonies, other than homa and saptapadi where it is allowed .....Tag this Judgment!
Court : Kolkata
..... court in the case of lakshman singh kothari v. smt. rup kanwar reported in : air 1961 sc 1378 observed the adoption under the ancient hindu law as follows:under the hindu law, whether among the regenerate caste or among sudras, there cannot be a valid adoption unless the adoptive boy is transferred from one family ..... said finding, the court referred the following passage from mayne's treatise on hindu law and usage, 13th edn., pp.429-30: 'adoption of daughters.-nandapandita in his dattaka mimamsa would construe 'putra' (or son) as including a daughter and ..... 367. the hon'ble apex court has come to such a finding on the basis of a well-recognised book of treatise on hindu law and usage by mayne and the principles of hindu law by mulla. for convenience, we are quoting the paragraph nos. 23 & 28 of the said decision.23. while arriving at the ..... the appellant being a member of shudra community need not perform all the ceremonies to be performed in the case of an adoption under the hindu law and the hon'ble apex court supported such custom. he also contended that the husband of the appellant took steps for sradh ceremony of dalimmoyee ..... distant relations of dalimmoyee and that the appellant was not adopted by dalimmoyee as her own daughter. no adoption ceremony was held at all according to hindu law and custom. in fact, the father of the appellant, kanailal das, was a tenant under lalit mohan and he was an employee of the .....Tag this Judgment!
Court : Mumbai
Reported in : (1929)31BOMLR1128; 122Ind.Cas.420
..... of the household.5. now, that brings me to the first point that has been taken by counsel for the appellants, which is that under the ancient hindu law just as a concubine had to be a resident of the household, so on the death of her lord, she was only entitled to food and ..... entitled to maintenance because although she was a concubine of the deceased testator, yet she did not live with him in his house, which under the ancient hindu text law was an essential condition. accordingly, the appeal was allowed and mr. justice kanga's order was discharged.4. the lady in her turn appealed to ..... permitted, we must adapt the old text to modern circumstances. accordingly i think it fair to take, and i propose to take 'subsistence' under the ancient hindu text as the appropriate test for what this lady should be allowed. but this subsistence or maintenance must in my judgment include residence in the present case ..... month was put forward as an appropriate amount for the court to allow.6. that argument is based, so far as the hindu text is concerned, on the mitakshara passage from stokes' hindu law, page 485, paragraph 27, part of which runs :-heirless property,' or wealth which is without an heir to succeed to it ..... reversed the decision of the appellate court and restored the order of mr. justice kanga. in the course of the judgment they pointed out that those hindu texts as to the alleged necessity for the concubine to be a resident of the man's house dated from days when the concubine was a slave .....Tag this Judgment!
Court : Chennai
Reported in : (1896)6MLJ319
..... doubt by the decision in vydinada v. nagammal i.l.r. (1884) m. 260 where it is held that the sarvasivadanam marriage is referable to the ancient hindu law which authorised the appointment of a daughter or her male child as the legitimate son of her father for the purpose of funeral obsequies. the distinction between the ..... a member of her father's family and shall not become a member of her husband's family notwithstanding her marriage. hemadri explains the ancient hindu law as applied to an appointed daughter and her son and it is cited in a note to ch. i, s. xi of the mitakshara (see stoke' ..... in support of his claim, he was unable to do so. custom is also of importance as evidence of consciousness in the people that the rule of hindu law which is relied on for the appellant is in force among them. again, the several modes of affiliation in use among nambudries which are discussed in ..... to her stridhanam when,? she dies childless and when he has married her in one of the approved forms. judging by analogy to this branch of modern hindu law, i am. unable to say that the appeal can be supported. again, the formula used in sarvastvadanam marriage and which is not used in other marriages, ..... when the whole family is about to become extinct. but if there were collateral relations or reversioners, i think there is no doubt that they would under hindu law inherit the estate of the father of the appointed daughter in the event of the appointed daughter's death without issue. if this be so, the .....Tag this Judgment!
Court : Chennai
Reported in : (1916)ILR39Mad136
..... this caste is concerned, it must upon the evidence in the case be held to be obsolete and do longer recognised as valid. it has beed strongly contended that if ancient hindu law texts sanction this form of marriage we must hold that it is valid. but i am not inclined to accept that position. if i find that a certain caste among ..... indirect way. (colebrooke did not translate the later portions of the mitakshara beginning with chapter ix of the vyavahara adhyaya of yajnavalkya as they deal with those portions of the hindu law which need not and in many cases ought not to be applied by the british courts of justice.) a free translation of this 290th verse of yajnavalkya is: 'in the ..... argued for imposing still another restriction that the mother must have been a virgin when she became the permanent concubine of the plaintiff's father. there is nothing in the hindu law texts to support that contention. the well-known text of manu that the panigrahaniha-mantras can be pronounced only at the marriages of virgins has no relevancy in this connection ..... restriction that the connection must not have been incestuous or adulterous was imposed on general grounds of morality. the partial rights of succession which are conferred upon illegitimata children under hindu law may be matter for regret, but we should not, in my opinion, be justified in imposing for this reason fresh restrictions which are not shown to be supported by authority .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1986KAR88
..... for marriage which has nothing to do with the caste as such. similarly, the hindu succession act has superseded the ancient hindu law regarding intestate succession. the caste consideration in the matter of right to succession, which existed under the old law is no longer in force. similarly the old law which did not create any right in favour of daughters in respect of their father ..... the fold of adi dravida caste and he was treated as such by the caste. after referring to the preponderance of the view on the topic expressed in treatises on hindu law and decisions of the high courts, claim of rajagopal was upheld.ii) the propositions laid down in that case may be summarised thus :(1) normally a person belong to a ..... who is a christian by birth but who gets converted into scheduled caste by virtue of her marriage with a person belonging to scheduled caste is not entitled, as per hindu law, to claim the various facilities extended to genuine scheduled castes. this clarification nullifies the claim of smt. r.r. kankanawadi for promotion on the basis of g. o. dated 27 ..... and the widow are entitled to equal share along with the sons in the properties of a deceased hindu in case of intestate succession. to this extent the hindu law on joint family property has been amended. the resultant position is that even if a hindu (belonging to a particular caste, according to earlier social set up) marries a person belonging to another caste .....Tag this Judgment!