Court : Orissa
Reported in : AIR1961Ori33; 26(1960)CLT249; 1961CriLJ296
..... or outcastes. the expression may also be so interpreted as to include persons who are made untouchables even though they might have been born in a higher caste. in the hindu dharma shastras there was always a sharp distinction between 'jathi chandalas' (born untouchables) and 'karam chandalas' (those who become chandalas on account of their own conduct).if a person born in a .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1977Bom289; 1978MhLJ127
..... great respect, appears to have assumed to apply made distinction between a rule founded on custom and a rule founded on vyavahar mayukha or other hindu dharma shastras or the text such a distinction is not germane to the definition of the word 'custom' in section 3(a). all that is required ..... kulfuka bhatta, yajnavalkya or vijnanesh-vara, or by any of the other authorities of weight in this presidency. on the contrary, we find the dharma sindhu, the samskara kaustubha, and the vyavahara mayukha distinctly recognising the adoption of a married man, the latter even going a step beyond the other ..... law based on custom and views expressed by various authorities as explained in several cases and recognised in various cases decided by this court.37. in dharma dagu v. ramkrishna chimnaji, ilr(1886) bom 80, sargent, c.j., and birdwood, j. held that the adoption of a married asagotra brahman ..... by both the courts below.'22. the learned judge further considered the definition of the word 'custom' contained in section 3(a) of the hindu adoptions and maintenance act. in connection with the argument that vyavahar mayukha was itself nothing more than crystalised custom in bombay presidency, while rejecting ..... malvankar, j. that the decisions in lakshmappa v. ramava (1875) 12 bom hcr 364 and in dharma dagu v. ramkrishna chimnaji ilr(1886) bom 80, were based on vyavahara mayukha and other texts of hindu law referred to in the said decisions. according to malvankar, j., in gopal balkrishna v. vishnu .....Tag this Judgment!
Court : Allahabad
Reported in : (1982)29CTR(All)269; 141ITR634(All); 10TAXMAN316(All)
..... celebration of the marriage under the provisions of the special marriage act, the assessee solemnized his marriage in accordance with the rites prescribed in the hindu dharma shastras. therefore, the assessee continued as a coparcener of the family and that being so, he could not have made a gift in respect of ..... also found that even though the marriageof the assessee took place under the provisions of the special marriage act, the marriage was also solemnised according to hindu dharma shastras and, therefore, the fact that his marriage was performed under the provisions of the special marriage act did not have the effect of severing the ..... the entire property of the family devolved on his son as the sole surviving coparcener. however, it would be taken that he constituted a joint hindu family along with his mother. further, the character of the property did not undergo any change and it continued to remain coparcenary property in his ..... was right in holding that the income from property gifted by the assessee in favour of his wife and sons was assessable as the income of the hindu undivided family ' 8. these submissions were made before us on behalf of the assessee by his learned counsel, sri r. p. goel: (1 ..... tribunal was legally right in holding that the value of the property gifted away by the assessee was liable to be assessed in the hands of the hindu undivided family ' 5. in income-tax reference no. 144 of 1978, the assessment years involved are 1970-71 and 1971-72 and the dispute .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom391; 1983(85)ARBLR304(Bom); 1983MhLJ379
..... with great respect, appears to have assumed to apply made distinction between a rule founded on custom and a rule founded on vyavahar mayukha or other hindu dharma shastras or the text. such a distinction is not germane to the definition of the word 'custom' in s. 3(a). all that is ..... obtained the force of law among hindus in any local area, tribe, community, group of family. whether it was based on a book of dharma sastras like vyavahara mayukha or any other text was irrelevant to the definition of 'custom' under the act.'the said division bench also disagreed with ..... valid. melvill j., who spoke of the court, after referring to various authorities, stated as follows (at pages 72-73) :'................... independently of the hindu law, we think that there is sufficiently authority for holding that such adoptions are in the dakhan recognised by the custom of the country. mr. ..... were conflicts and obscurities in them. naturally, the law as contained in the dharmasastras, therefore, formed the subject of frequent exposition by learned hindu lawyers and pandits in the form of either commentaries on particular smrities or nibandhas or digests of the entire body of smriti material. the work ..... nain, j. observed (pare 99):'. ... ... these instances may not be sufficiently ancient to establish a custom. but what section 10(iv) of the hindu adoptions and maintenance act, 1956, talks of is not only custom, but also usage. the instances and the evidence would be sufficient to establish a usage. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(2)ALD1; 2000(1)ALT351; II(2000)DMC71
..... .2. the petitioner herein is the husband of the first respondent and father of the respondents 2 and 3. marriage was performed on 1-9-1983 at vijayawada as per hindu dharma shastras and the respondents 2 and 3 were born out of the wedlock and the respondent no.2 is aged about 16 years and the respondent no.3 is aged about ..... hindu marriage act. there is no provision in law enabling claiming maintenance under section 151 cpc. therefore the entire approach of the learned counsels for both parties and the judge is ..... also not know to this court. in fact, a petition seeking interim maintenance has to be filed by the wife or the children under section 18 of the hindu adoptions and maintenance act. if a divorce petition or any other petition contemplated under the hindu marriage act is filed, then the interim maintenance can only be granted under section 24 of the ..... hindu marriage act and if a decree is finally passed in that event the party who is entitled to claim maintenance can file a petition under section 25 of the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1941Bom193; (1941)43BOMLR214
..... parents to give you (martand) in adoption to our family. they accordingly having agreed, gave you in adoption. and i accordingly, have taken you in adoption as per our hindu dharma shastra (according to hindu rites). you are the absolute owner to my entire moveable and immoveable property. my wife laxmibai herself should make vahiwat of my family moveable and immoveable properties. the arrangement .....Tag this Judgment!
Court : Delhi
Reported in : AIR1978Delhi296; 14(1978)DLT18b; 1978RLR525
..... to maintain himself and his wife at the appropriate' standard of living the uncodified part of the hindu law is based partly on the dharma shastras and partly on custom. according to prot j. duncan 1vl derrett, 'the dharnia shastra authorities did not lay down law, they taught righteousness to a population eager to acquire it, ..... they taught whether or not any ruler acted as their mouthpiece or coadjutor' ('the death of a marriage law,' (1978) pages 49-50). the dharma shastras, thereforee, retested the law as it ought to be. while this may have largely coincided with the law as it was, the coincidence was not complete. ..... should always submit to the husband, whatever the financial circumstances of each of them, this was only the ideal aimed at by the authors of the dharma shasta's. in so far as the right to set up the matrimonial home as being given to the husband alone at all times in preference ..... is expressed by saying that it must be supported by the opinion, necessitates. the indian decisions cited at the foot of paragraph 442 of mulla's hindu law are of the 1898 and 1901. whatever may be the conditions in that distant past more than three quarters of a century later the conditions are ..... the wife on the ground that she had withdrawn herself from the society of the husband without reasonable excuse within the meaning of s. 9 of the hindu marriage act, 1955 (hereinafter referred to as 'the act'). the husband complained in the petition that the causes of her estrangement from him appear to .....Tag this Judgment!
Court : Chennai
Reported in : 5Ind.Cas.42
..... for consideration with correlative rights and duties. the civil courts act only requires that so far as hindus are concerned its validity must rest upon hindu, law i.e., as explained above, the law of the dharma shastras as distinguished from caste rules or the caste law. if it is not recognized by the caste or caste rules, the parties may cease to ..... styled the ordinary hindu law unless it offends against rules which would render any other marriage invalid.15. it is, of course, open to a community to admit any person and any marriage performed between him and any member would, in my opinion, be valid, if it complied with their usage though it may be opposed to the dharma shastras.16. sir james ..... only a few selected for illustration and their usages cannot be treated as exceptions to any general rule. it appears to me, therefore, that the hindu law to be administered by the courts, consists of the shastras which claim divine sanction and are followed by the brahmins generally and also of the usages or approved habitual practices of these communities, whose caste ..... caste to which the parties belong, cannot be held to be invalid on the ground that it is opposed to the ordinary hindu law and the marriage in question is, therefore, valid even if it is opposed to the dharma sahstras. a caste for this purpose may be taken to be a combination of a number of persons governed by a body .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1979All316
..... (iv) daiva, is regarded as indissoluble (see manu: ix, 101, ix, 46; kane: 'history of dharma shastra' volume 2, part 1, page 427 : mayne : 'hindu law' 10th edition, page 108.)11-13. the shastra regards marriage as a rite of conservation (sanskar) too holy to be undone. as the wife is half her ..... that every endeavour should be made to preserve and maintain marital ties. the hindu marriage thus continues to be an institution, sacred in character, religious in content, traditional in value and its basic concept has undergone no ..... not lost its importance. religious and social taboos and a spirit of dedication and devotion to motherhood and fatherhood still condition the hindu mind to consider marriage a lifelong union. the act insists on maintenance of family cohesion and strongly disfavours a disruption. it enjoins ..... november, 1965.5. the appellant denied the charges and controverted the allegations. his case was that the parties were married according to hindu rites and their marriage was indissoluble, that the appellant had always discharged his marital obligations towards his wife, and was deeply attached to ..... husband's body so as to continue his personality even after his death she is never free and available for a remarriage. but ideologies and notions change when a change sets in the social structure. the hindu .....Tag this Judgment!
Court : Kerala
Reported in : AIR1991Ker408
..... at page 73 of the 16th edition it is stated that 'main sources of hindu dharma or law are (i) sruti, (ii) smriti, and (iii) custom and a practical division of the sources of hindu law would be (1) original texts of the dharma-shastras (2) commemaries and digests and (3) customs'. at page 77 it is ..... stated that 'custom is one of the three sources of hindu law and when there is a conflict between a custom and a text ..... the remaining members of the coparcenary (in this case the first defendant) and this custom is not abrogated by section 4(1)(a) of the hindu succession act and, therefore, the provisions in section 6 of the act are not attracted and that in any event, plaintiffs claim is barred by adverse ..... parties belonging to thiyya community of kozhikodc district in relation to inheritance and succession, it is over-ridden by section 4(1)(a) of the hindu succession act, 1956 and korappan's share devolved by inheritance under section 6 of the act and plaintiff is entitled to one-fourth share in the ..... korappan and the latter was the kartha of the family. according to the plaintiff, on korappan's death in 1960, according to the provisions of the hindu succession act, 1956, his interest, namely, half right devolved on plaintiff and firs! defendant as co-owners and, therefore, plaintiff has one-fourth share .....Tag this Judgment!