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10 2.4 Sati Sati is an obsolete Hindu funeral custom where a widow immolated herself on her husband's pyre, or committed suicide in another fashion shortly after her husband's death. Mention of the practice can be dated back to the 4th century BC,while evidence of practice by wives of dead kings only appears beginning between the 5th and 9th centuries AD. The practice is considered to have originated within the warrior aristocracy on the Indian subcontinent, gradually gaining in popularity and spreading to other groups. The practice was particularly prevalent among some Hindu communities. THE COMMISSION OF SATI (PREVENTION) ACT Sati (Prevention) Act, 1987 is law enacted by Government of Rajasthan in 1987. It became an Act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988. The Act seeks to prevent Sati practice or the voluntary or forced burning or burying alive of widows, and to prohibit glorification of this action through the observance of any ceremony, the participation in any procession, the creation of a financial trust, the construction of a temple, or any actions to commemorate or honor the memory of a widow who committed sati. 2.5 Dowry The Dowry system refers to the durable goods, cash, and real or movable property that the bride's family gives to the bridegroom, his parents, or his relatives as a condition of the marriage. It is essentially in the nature of a payment in cash or some kind of gifts given to the bridegroom's family along with the bride and includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newlyweds set up their home. The dowry system is thought to put great financial burden on the bride's family. In some cases, the dowry system leads to crime against women, ranging from emotional abuse, injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including, the Dowry Prohibition Act, 1961 and subsequently by Sections 304B and 498A of the Indian Penal Code. Dowry Prohibition Act, 1961 The Dowry Prohibition Act, 1961 consolidated the antidowry laws which had been passed on certain states. This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or receiving of dowry. The punishment could be imprisonment for a term not less than 5 years and a fine not less than ₹15,000 or the value of the dowry received, whichever is higher. Dowry in the Act is defined as any property or valuable security given or agreed to be given in connection with the marriage. The penalty for giving or taking dowry is not applicable in case of presents which are given at the time of marriage without any demand having been made.
11 UNIT 3 CONVERSION AND ITS EFFECT ON FAMILY The effects of conversion from one religion to another under Hindu Law are described below:(A) Law Applicable: The effect of conversion from one religion to another on the law applicable to the convert was considered by the Privy Council in Abraham v. Abraham, 1863 (9) MIA 195. M.Abraham’s ancestors were Hindus who were converted into Christianity. On the death of M. Abraham his widow brought the suit for recovery of his property. This suit was resisted by his brother F. Abraham who contended that his ancestors continued to be governed by the Hindu Law in spite of conversion. He accordingly claimed that he was entitled to the entire property according to the Hindu Law of survivorship applicable to a joint Hindu family. The Privy Council held: — (1) The effect of conversion of a Hindu to Christianity is to sever his connection with the Hindu family. (2) Such a person may renounce the Hindu Law but is not bound to do so. He may elect “to abide by the old law, notwithstanding that he has renounced the old religion” (3) The course of conduct of the convert after his conversion would show by what law he had elected to be governed. Under the third principle it was found that M. Abraham had married a Christian woman who was born to an English father and a Portuguese mother, that he adopted English dress and manner. It was clear, therefore, that he had elected against the Hindu Law and so the defendant’s contention based upon the Hindu Law of survivorship was rejected. In 1865 the Indian Succession Act was passed and it regulated succession to the property of Christian. The question arose whether even after the passing of this Act; it was open to a Christian convert from Hinduism to elect to be governed by the Hindu Law of Succession. It was held by the Privy Council in Kamuwati v. Digbijai Singh, 43 All. 525 (PC), that after the coming into force of the Act of 1865 the rule in Abraham’s case ceased to be applicable so far as law of the inheritance is concerned. The plaintiff in that case who was the sister of the deceased owner, who was a Christian convert from Hinduism, was held to be entitled to succeed to 1/12th of his property under the Act of 1865 and the defendant’s (brother’s) claim based upon Hindu Law to succeed to the entire property was rejected. But in spite of the Act of 1865, a Hindu convert to Christianity could elect to be governed by the rule of survivorship in a joint family: Francis Ghosal v. Grabri Ghosal, 31 Bom. 251 (PC).So the rule of electing to be governed by Hindu Law was applicable to a limited extent to Christian converts even after 1865. In the case of conversion to Mohammedanism also the old rule was that by custom the convert had an option to be governed by the old Hindu Law. Thus Khojas and Cutchi Memons of Bombay State were governed in matters of succession by Hindu Law though they had been converted to Islam. The Shariat Act, 1937, has put an end to this. Under that Act converts to Islam are governed by Mahomedan Law only and not by the law to which they were subject prior to the conversion.
Page 1 and 2: 1 UNIT 1 MARRIAGE AND KINSHIP 1.1
Page 3 and 4: 3 UNIT 1 MARRIAGE AND KINSHIP 1.1
Page 5 and 6: 5 through his or her father's linea
Page 7 and 8: 7 who is a Muslim Muslim is a perso
Page 9: 9 doesn’t have any right of inher
Page 13 and 14: 13 3.4 Succession Under the Hindu L
Page 15 and 16: 15 When the existence of a custom w
Page 17 and 18: 17 marriage is defined as “such f
Page 19 and 20: 19 of the parties. Generally, an an
Page 21 and 22: 21 1955. The section reads as under
Page 23 and 24: 23 relation and cohabitation. There
Page 25 and 26: 25 aspect of resumption of cohabita
Page 27 and 28: 27 The expression 'living in adulte
Page 29 and 30: 29 Advantages of mutual divorce Div
Page 31 and 32: 31 normal civil proceeding, it is o
Page 33 and 34: 33 forgiveness and reconciliation a
Page 35 and 36: 35 UNIT5 ALIMONY AND MAINTENANCE
Page 37 and 38: 37 The lacuna has now been removed
Page 39 and 40: 39 (a) Section 16(1) stands delinke
Page 41 and 42: 41 Custody Under Hindu Law: All the
Page 43 and 44: 43 A. A minor is a person under the
Page 45 and 46: 45 UNIT7 FAMILY AND ITS CHANGING
Page 47 and 48: 47 It reduced or removed the gap be
Page 49 and 50: 49 instead of religious laws, and r
Page 51 and 52: 51 Industrialization disrupted the
Page 53 and 54: 53
Page 55 and 56: 55 UNIT9 SECURING OF A UNIFORM CI
Page 57 and 58: 57 Article 44 of the Constitution p
Page 59 and 60: 59 meaning of Art. 29(1). Distincti
Page 61 and 62:
61 Article 25, while protecting rel
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