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StuDocu is not sponsored or endorsed by any college or universityLLB Notes- Family Law -1 (Hindu Law)General Principles of Law of Torts (Osmania University)StuDocu is not sponsored or endorsed by any college or universityLLB Notes- Family Law -1 (Hindu Law)General Principles of Law of Torts (Osmania University)Downloaded by vasiharan murugesan ([email protected])lOMoARcPSD|4401032
Class Notes on Family Law/Hindu Law 1 – UNIT I (1st Sem / 3 year LL.B)Family Law / Hindu Law – UNIT I — Revision Study Notes for LL.BIntroducton of the Hindu LawConcept of DharmaHindu Law is a body of principles or rules called ‘Dharma’. Dharma according toHindu texts embraces everything in life. According to the Hindus, ‘Dharma’includes not only what is known as law in the modern sense of the term but allrules of good and proper human conduct. Dharma is used to mean justce whatis right in a given circumstance, moral, religious, pious or righteous conduct,being helpful to living beings and things, duty, law and usage or custom havingin the force of law and also a valid RajashasanaOrigin of Hindu lawThe Hindu system as modifed through centuries has been in existence for overfve thousand years and has contnued to govern the social and moral paternsof Hindu life with harmonizing the diverse elements of Hindu cultural life.Magne says, “Hindu law has the oldest pedigree of any known system ofJurisprudence and even now it shows no signs of decrepitude“.Nature and scope of Hindu LawHindu law, though believed to be of divine origin, is based essentally onimmemorial custom and many of the acts of the people which were purely of asecular nature. But the secular nature of the acts have been modifed to suitthe religious preferences of a Brahmin community. With a desire to promotethe special objects of religion or policy, they have used their intellectualsuperiority and religious infuence to mold the customs of the people.Who are HindusThe term ‘Hindus’ denotes all those persons who profess Hindu religion eitherby birth from Hindu parents or by conversion to Hindu faith. InYagnapurusdasji v. Muldas[AIR 1966 SC 1119], the Supreme Court accepted the workingformula evolved by Tilak regarding Hindu religion that ‘acceptance of vedas’with reverence, recogniton of the fact that the number of Gods tobe worshiped at large, that indeed is the distnguishing feature of HinduDownloaded by vasiharan murugesan ([email protected])lOMoARcPSD|4401032
religion.InShastri v Muldas SC AIR 1961, SC has held that various sub sects of Hindussuch as Swaminarayan, Satsangis, Arya Samajis are also Hindus by religionbecause they follow the same basic concept of Hindu Philosophy. Converts andReconverts are also Hindus.If only one parent is a Hindu, the person can be a Hindu if he/she has beenraised as a Hindu. InSapna vs State of kerala, Kerala HC,the son of Hindufather and Christan mother was held to be a ChristanTo whom Hindu Law apply1.Hindus by birth2.Of shoots of Hinduism3.Persons who are not Muslims, Christans, Parsis or Jews4.Converts to Hinduism5.Reconverts to Hinduism6. Harijans7.Aboriginal TribesTo whom Hindu law does not apply

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