Hindu law

Paper for the panel: The Viṣṇudharma and the Śivadharma: points of influence and divergence, 33. Deutscher Orientalistentag, Jena, Germany, 18–22 September 2017 

* Published now in the Introduction to the book "A Śaiva Utopia" on Academia * :
https://www.academia.edu/67886226/A_%C5%9Aaiva_Utopia_The_%C5%9Aivadharma_s_Revision_of_Brahmanical_Var%E1%B9%87%C4%81%C5%9Bramadharma 

In a recent papers examining the Śivadharma[śāstra], I analyzed that way the author of this work has recast several of the distinctive categories of Smārta Brahmanical dharma, particularly the four-āśrama model, affirming the varṇa (social class) categories but extending the range of ritual agency available to Śūdras and women through devotional observances (and in one verse, even to foreigners, 1.26), and generalizing acts of generosity and hospitality prescribed in Dharmaśāstra only for high-status recipients so as to benefit the needy regardless of status. In general terms, the Viṣṇudharma, apparently dating to roughly the same period, likewise adapts the varṇāśrama-dharma of early Dharmaśāstra to a sectarian religious orientation — in this case, Bhāgavata rather than Māheśvara — but with notably different results. First, where the Śivadharmaśāstra evidently presupposes the older non-sequential āśrama model of the Dharmasūtras, the Viṣṇudharma adopts the sequential model introduced in Manu's code (ca. 200 CE). Whereas the Śivadharma redirects the Smārta guest-reception rite and madhuparka meal for the benefit of Śiva-bhaktas (lay Śaivas adhering to a formal vow), no comparable rite appears in the Viṣṇudharma (where the elements of guest reception appear only as part of the ceremony of worshiping deities or ancient sages). Most notably, the Viṣṇudharma (especially in chapters 24–25, 66, and 105) enters into sectarian polemic against the threat posed in this decadent Kali age by " heretics " (pāṣaṇḍas) of many stripes, including Buddhists, Jains, Sāṃkhyas, skeptics, and false ascetics. Arguments framed in foreign languages (hetuvādair … mlecchabhāṣānibandhaiḥ) are singled out for condemnation (105.44), and Śūdras who become ascetics and go about without caste-markers provoke serious concern. The Śivadharmaśāstra makes no reference to " heretics " (and only the most circumspect allusion to other religious groups), and adopts a more inclusive social policy. In short, the Viṣṇudharma's conception of Viṣṇu-bhakti pointedly defends classical Smārta status hierarchy and its prerogatives, foregoing the Śivadharma's modest moves toward social inclusion. This paper concludes by setting these observations in the context of later trends in the two traditions.

It is well-known to a scholar of Hindu Law that the Hindus regard the need for a father to have a son is as important as a man to get married. According to the theory of three debts, to have a son is considered a ‘must’ for every Hindu. Just as the “institution of marriage” is sacred so is “to have a son”. The son is believed to be a savior of his father from the hell, called put. Therefore, the act of adoption is regarded as a sacramental act. There has been a considerable amount of controversy among scholars and judges concerning the motive behind adoption: whether it is secular or religious [See Mayne Hindu Law and Usage, (11th Ed.) 184-88]. Some of the contemporary judges are of the opinion that the purpose of adoption is two-fold: i) to ensure performance of one’s funeral rites and ii) to preserve the continuance of one’s lineage (Inder Singh vs. Kartar Singh, 1966 Punj 258). Under the Dharmaśāstric Law, there are many rules pertaining to adoption which could only be supported on the basis of treating adoption as a sacramental act. The Hindu Adoptions and Maintenance Act, 1956, has steered adoption away from all its religious and sacramental overtones. Thus, it has made adoption secular. No longer for adoption religious ceremony is required. In addition, according to the present act, not more than one son is allowed to be adopted. However, old laws make some provisions for adopting a son even when one already has a son (biological or adopted).

I will discuss the reshaping of ancient and modern views concerning the adoption of pre and post-Colonial Laws in India hitherto unobserved by the current scholarships.

This article decodes the concept of God in Hinduism -on how the Supreme Brahman is perceived in five different forms of which idol worship at a temple is the easiest and meant for the community as a whole. As such rules and regulations for temple worship encompass restriction on women during menses. The only available scientific research on what happens inside a temple is recorded in this article. Based on the discovery of generation of negative ions in a temple, this article decodes the rationale behind the restriction on  women of menstruating age at Sabarimala.

Law Keywords Void Marriage, Voidable marriage ABSTRACT This article is an attempt to reflect the concept of dissolution of Hindu marriagethrough annulment in India. There are three types of marriages under the Hindu Marriage Act, 1955: (i) valid, (ii) void, and (iii) voidable. The author has made a critical analysis on the grounds of Void and Voidable marriages. Also has discussed the effects, status of the parties, question of maintenance and legitimacy of children born out of those marriages.

We usually tend to have numerous “do’s” and “don’ts” in our day-to-day life. After being born and raised in a family, we are used to develop or to abstain from some tendencies peculiar to our family upbringing or personality type. However, for its smooth functioning, the society needs some rules and regulations expressed through myriads of “do’s” and “don’ts” in the forms of directions and prohibitions. It was the same in case of ancient Indian society also. Professor J. D. M. Derrett argues that every legal system requires a mass of prohibitions, and it may be a source of confusion to some of the lay public (who tend to think of law rather in terms of ‘must nots’ than ‘musts’) that it has this feature in common with a concurrent system of ethics.

According to the theory of Mīmāṃsā, the directive principles (vidhi) are aimed at inspiring an individual to do something positive if he would like to see some benefits accrued to him. In contrast, by “negation” (niṣedha), an individual is also directed to refrain from performing acts that consequently bring hardship to him.

The Mīmāṃsakas identified the different shades of prohibition. They sometime interpret a prohibition as a pratiṣedha, the actual prohibition and sometime paryudāsa, the partial or modified prohibition or exception. Parisaṃkhyā (better to translate it as a ‘preclusive injunction’), on the other hand, is a typical type of injunction, which recommends something exclusively. It does not articulate any kind of prohibition explicitly; rather, implying a few special commodities unambiguously. That injunction, however, should not be regarded as a compulsory or obligatory one.

In this paper, therefore, I shall try to discuss the prohibitory injections, with special reference to Parisaṃkhyā as mentioned in the Dharmaśāstras in the light Mīmāṃsā, a unique system of rules of interpretation.

The book which created a sensation in Urdu circles and transformed the outlook of more than a million Muslims visa -vis their Hindu brethern and Sanatan Dharma. Based on a part of comparative religious work of the great Saint and Scholar Maulana Acharya Shams Naved Usmani, 'Agar ab bhi na jaage to'-written by his favourite disciple S. Abdullah Tariq, has To dispel the doubts of the readers, my esteemed mentor, (late) Maulana Shams. Naved Usmani intended several times to issue some clarification, but eventually withdrew them and advised me to make the following amendments: 1. Some portions being complex and unclear are taken out to be published later in detail as separate works. 2. Such portions have thus not been included in this Translation. 3. To clear the misunderstandings regarding the remaining parts, an additional chapter be written by me and incorporated at the end of the book. 4. Due to my busyness I have so far been unable to fulfill his desire. God Willing, such a chapter shall in future be included in the original Urdu work as well as its translations.

In contemporary society, marriage is no doubt an individual relationship, a private affair of the parties, but more than that it is a social institution having complex social dimensions. Among Hindus, marriage institution since its inception, has been given prime importance due to certain religious, spiritual and social reasons. However, indiscreet importance of the law of divorce is an attempt to destroy all that is good in Hindu culture. If we consider marriage a mere contract, even then it cannot be said that it is the parties to the marriage whose interests have to be regarded in divorce proceedings. It is larger social interest which should be put above the individual interests of the parties. Steep increase in divorce cases even in the most materially advanced countries causes alarm and is considered as a menace to the social system. Trust among married couples is not only the social fabric which bounds them together, not only for this life but lives to come, but also a key factor for any legal remedy. Once this fabric torn off by either of the parties to marriage, solemnised or not, a pool of litigation flows from the relationship which leads to disturbance in the family and society. In this paper, attempts are made to analyse the relationship in marriage and in the nature of marriage and find out the status and rights of the parties involved in such relationships. Further, an attempts are also made to suggest corrective measures against the offender in such relationships.

Across history, different societies have exhibited considerable ethnographic, legal, and socio-political similarities in marital and familial customs and patterns. Religio-legal norms and institutions have integrated pre-existing naturalistic, moral, and legalistic ways of thinking about sexuality, reproductive relations, gender roles, and notions, rituals, and markers of identity. As a result, as demonstrated in the preceding chapters, today we observe more convergence than conflict in the teachings of major world religions on marriage and divorce. The present chapter will identify main points of agreement (and also disagreement) across major religious traditions in terms of their rules and customs that regulate the formation and dissolution of marital unions within their respective communities. Religious family laws have long been appropriated by governments and integrated into national legal systems in polities all over the world. With this common dynamic in mind, the chapter will also discuss the effects of state appropriation, both on religious traditions themselves and on the rights and freedoms of people who are subject to state-enforced religious family laws.

The objective of the study is to find out the prevalence of discrimination and violence against women in the Hindu Community due to the absence of Hindu Marriage Law in Bangladesh. The study was conducted in seven divisions of Bangladesh. A quantitative survey was conducted on a sample of 936 people from the Hindu community were interviewed in the 7 divisions through selective random sampling. Out of these 756 (80.8%) were women, and 180 (19.2%) men. The sample size was equally divided between rural and urban areas (50% each). Qualitative data was gained from 36 case studies of women victims and 9 regional workshops with the local civil society.
The main findings of the research was that (a) a majority of women respondents (52.7%) admitted to torture on self, while most men were silent about witnessing violence against women in their own homes or families; (b) 91.3% respondents demanded compulsory marriage registration system out of which 74.5% were women.61.1% of the responding men alone think that women are facing discrimination or torture due to absence of binding marriage registration law and 88.3% of the men alone think compulsory marriage registration law is a need; (c) With regard to attitude towards divorce a majority of women 29.2% of women wanted provisions for divorce, while 28.20% sought justice for torture, 26.30% wanted separation and 26.1% wanted independent existence. In comparison, 26.7% of men wanted divorce provisions, none wanted to seek justice for torture. 26.70% wanted separation and 28.3% wanted independence of women; (d) 70.4% of the total respondents are not happy with the existing Hindu family laws for properties for women
The case studies and workshop findings demonstrated and substantiated the sufferings of women due to systematic domestic violence, and linked it up with the absence of marriage registration, dowry practices, absence of divorce and maintenance provisions, and also lack of women’s inheritance.
Recommendations from the research stressed the need for greater social awareness by consolidating, strengthening local support groups and innovating mechanisms with broader outreach. A step by step legal reform package was suggested as well as critical research on gender ideology and patriarchal values that will help us to understand the social dynamics at work with regard to the linkages between dowry practices, early marriages, lack of inheritance for women, domestic violence and the absence of legal reform in Hindu personal law.

Ancient and medieval India (prior to ca. 1600) produced a vast literature dealing with the nature of the human being, the proper ordering of society, and ethical and legal norms. Sanskrit sources tend to emphasize special dignities belonging tof particular statuses according to a divinely ordained class hierarchy (varṇa-dharma), but in some contexts we hear of universally shared aspects of the human condition. Ascetic and devotional movements found ways to call into question special dignities tied to ascriptive rank. Sanskrit texts on good governance and legal process formulate general standards of justice and equity that could cut across or by-pass rank. Thus, Hindu sources illustrate how ethical and legal orders find ways to compartmentalize: to recognize that all people can share basic capacities and aspirations does not automatically sweep the field clear of status dignity. This essay draws on Jeremy Waldron’s concept of human dignity as a status claim that “levels up” by attributing to all people a dignity once reserved for a privileged few. We note Hindu examples of a similar approach, as well as examples of “leveling down” by pointing out the hypocrisy of elites while extolling the virtues of which the lowly are capable.

Uñchavṛtti (living by gleaning) and āpaddharma (“exigent dharma”) are two important constructs that eventually made their way into the ancient Brahminic Religious Law (dharmaśāstra) that bespeak some of the economic, social, and political stress some brahmins experienced or perceived in ancient India in the couple centuries either side of the turn into the Common Era. The  brahmin head of household who lived on grain left in fields after the harvest (the uñchavṛttin) was a particularly important culture-hero among brahmins, because he refused to earn his living from non-brahmin occupations. If he was unable to secure enough appropriately pure clients for his ritual and teaching functions or his 'sin'-removing function of receiving donations, he chose to eke out a living by gleaning, rather than become a king's minister, a merchant, a soldier, or take up any other allowable non-brahmin occupation. That this decision could lead to actual death by starvation is implied in some of the uñchavṛtti narratives of the Mahābhārata, several of which are presented and discussed in this paper after a general discussion of the overall dharmaśāstra context. The stories on uñchavṛtti also stand in tension with the ethics of liberation oneself through yoga and controversies regarding wealth and poverty.

What I have written about the āpaddharma appeared in the introduction to my translation of the Śāntiparvan (The Mahabharata: Book 11: The Book of the Women, Book 12: The Book of Peace, Part One. (Chicago: University of Chicago Press, 2004): 152-64. Another, more broadly contextualized discussion of āpaddharma will appear in my forthcoming paper, “Why So Many ‘Other’ Voices in the ‘Brahmin’ Mahābhārata?” which will appear in the volume to be published from the conference Asia Beyond Boundaries: which was held in Leiden at the end of August, 2018.

Conversion from one religion to another has far reaching consequences. A mere declaration, oral or written cannot be said to have resulted in conversion. Similarly, just any formality or ceremony would not suffice. In such a case, the mode of proof of conversion becomes an issue. Then, there are other legal issues surrounding the subject in the present times which have swelled up time and again in different cases, like whether or not a Hindu husband, married under Hindu law, by embracing Islam, can solemnize second marriage.

When we think of the Hindu religion, it is difficult, if not impossible, to define Hindu religion or even adequately describe it. Unlike other religions in the world, the Hindu religion does not claim any one prophet; it does not worship any one god; it does not subscribe to any one dogma; it does not believe in any one philosophic concept; it does not follow any one set of religious rights or performances; in fact, it does not appear to satisfy the traditional features of any religion or creed. It may broadly be describe as a way of life and nothing. It is a museum of belief, a medley of rites, or a mere map, a geographical expression?
A recent judicial exposition-case  of the term ‘Hindu’ by the Kerala High Court, to the effect that only those persons who believe in idol worship are Hindus, leaves the impression by implication that those not believing in idol worship are outside the fold of Hinduism. In contrast to this judicial pronouncement, political statements of certain national leaders tend to expand the scope of the term ‘Hindu’ when they say that all Indians including Muslims, Christians, Jews and Parsis are Hindus. In the wake of these developments, a close look at the existing legal literature on the subject seems to be an interesting study. This paper therefore envisages a cursory but analytical and critical study of the subject in the light of juristic textual, judicial and legislative materials.

Accordingly, we hold that the rights under the
amendment are applicable to living daughters of living
coparceners as on 9th September, 2005 irrespective of
when such daughters are born. Disposition or alienation
including partitions which may have taken place before
20th December, 2004 as per law applicable prior to the said

date will remain unaffected. Any transaction of partition
effected thereafter will be governed by the Explanation.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7217 OF 2013
PRAKASH & ORS. …APPELLANTS
VERSUS
PHULAVATI & ORS. ...RESPONDENTS
WITH
SLP (C) NOS.21814 OF 2008, 18744 OF 2010,
28702-28703 OF 2010, 28471 OF 2011, 4217-4218
OF 2012, 1299-1300 OF 2013, 17577-17578 OF
2013, 19816 OF 2014, 5619 OF 2015, 3805 OF 2008,
9390 OF 2015, 5680 OF 2015, 35209 OF 2011 AND
15557-15558 OF 2015 AND SLP. (C) ….15560 OF
2015
Dated;OCTOBER 16, 2015

Ever since the medieval period the evil practice of child marriage has been prevailed in India. Even the law makers have recognised child marriage as legal. The laws relating to marriage are governed by personal laws. Section 5 of the Hindu Marriage Act states about the condition of valid marriage. As per Section 5(iii) of the Act states that age of marriage as one of the major conditions for valid marriage. As per the section the age of the bride is 18 years and bridegroom is 21 years. The researcher is of the view that, the age criteria is not adhered strictly by the people. Since, it is a personal law this has given more importance than any other legislations. Because, it is evident from precedents that the child marriage does not come under the purview of section 11 and 12 of the Hindu Marriage Act. Further, the validity of the marriage of the child is silent but it is punishable as per Act. Hence, the researcher concludes that with regard to the validity of the child marriage has to be amended by looking into the welfare of the child.

The article provides a broad overview of the reception and the uses of the classical texts of Manu in nineteenth century Assamese literature by looking at three major Assamese writers representative of the emerging vernacular literary tradition of the time.

Issue of Matrimonial property is one of the most important and debating issues of Marriage Institution. Women play a very important role in stabilizing and expanding household-economy. In spite of their immense contributions, they receive unsatisfactory, unprofessional and unhealthy financial support. It is because of the reason that their contribution in the growth of family has not been considered as productive work and they have not been given any economic co-ownership with equal rights. The main reason for such discrimination is the dominated male-societal attitude, which does not recognize their contributions as ‘productive work’. This sorry state of affairs is equally supported by different prevalent social stigmas of our society, which always consider women as other gender.  Therefore there is need to deliberate rationally on the issue and one has to recognise marriage as an ‘equal economic partnership’ between the husband and the wife, and to give weight to wife’s contribution to the acquisition of assets by way of suitable legal mechanism. Further, here one has to appreciate the fact that there have been tremendous changes in the status of women in our society. Thanks to visionary legislative and judicial pronouncements that have resulted in amelioration the proprietary status of Hindu female. Though, whether it is the Hindu Succession (amendment) Act 2005 or judicial pronouncement in cases like Surinder Kaur v. Madan Gapal, the status of women in family property-sharing is still far away from satisfactory position. These juristic efforts have been eclipsed by socio-religious influences on Hindu society.  Here we have to understand that property and personality, both are interdependent terms; property as a concept is inconceivable without person and similarly personality is inconceivable without property. Surprisingly under Hindu law, no author except Vijnaneswara ever advocated and recognised full proprietary rights to females. The Section 14 of the Hindu Succession Act 1956 is the literal reproduction of Vijnaneswara’s rule that all property, howsoever acquired, shall become the absolute property of Hindu female. In Matrimonial property, legal recognition should be given to the economic value of the contribution made by the wife through household work. There is need to recognize marriage as an ‘economic partnership with equal rights’. Hence, Indian laws should make clear provisions regarding ‘matrimonial property’ and its share among spouses. Author through this research paper tries to study the strains and stresses for introduction of new concept of ‘matrimonial property’ in the existing family system wherein property is made an integral part of the marriage institution. In order to emphasize on the issue, an attempt is made to closely analysing the inheritance rights of women in different legal systems. It is further followed by a study of different functional models of Matrimonial Property across the world. The next and final part of the paper is dealing with the analysis of best suited model for Indian scenario and conclusion. Here author is of this affirmative view that if this anomaly is taken care by introduction of ‘matrimonial property’ law, the real object of women empowerment will be achieved."

Almighty God has provided for all our physical needs. The Holy Quran says:

He it is Who created for you all that is in the earth. (2:30)
And He has subjected to you whatever is in the heavens and whatever is in the earth; all this is from Him. (45:14)
Just as Almighty God has taken care of all our physical needs, He has also provided for our spiritual and moral needs. For this purpose He has been sending His Messengers and Reformers in all parts of the world among all nations from time to time. Thus the Holy Quran says:

And there is no people to whom a Warner has not been sent. (35:25)
And there is a guide for every people. (13:8)
Whenever there is decay of Dharma (i.e., religion) and there is spread of Adharma (i.e. irreligion) then for the protection of the poor and the good and for the destruction of the evil-doers, I shall appear from age to age. (Srimad Bhagrat Gita 4:7,8)
In accordance with these teachings, Almighty God has been sending innumerable messengers for the spiritual progress of mankind. Among these have been Prophets Adam, Noah, Abraham, Moses, Jesus, Krishna, Ramchandra, Zoroaster, Confucius (peace be on all of them). Ultimately when the human mind attained its full development and the time approached when mankind was about to become one people, the system of sending different messengers for different nations was terminated and Almighty God sent the Holy Prophet Muhammad, peace and blessings of Allah be upon him, as an exemplar for all mankind. He appeared in Arabia about 1400 years ago. Addressing him God says in the Holy Quran:

Say, O Mankind! truly I am a Messenger to you all from Allah to Whom belongs the kingdom of the heavens and the earth. There is no god but He. He gives life and He causes death. So believe in Allah and His Messenger, the Prophet, the Immaculate one, who believes in Allah and His words, and follow him that you may be rightly guided. (7:159)
It is a historic fact that the teachings of prophets who preceded the Holy Prophet Muhammad, peace and blessings of Allah be upon him, were limited to particular people and particular ages. On the other hand the message of Islam is of universal nature. The Holy Prophet(saw) was sent as a mercy for all rnankind. The Holy Quran says:

And We have sent thee not but as a mercy for all peoples. (21:108)
Previous scriptures such as the Vedas of the Hindus contain numerous prophecies pertaining to the advent of the Holy Prophet(saw). The Holy Quran says:

Those who follow the Messenger, the Immaculate one, whom they find mentioned in the Torah and the Gospel which are with them. He enjoins on them good and forbids them evil, and makes lawful for them the good things and forbids them the bad, and removes from them their burdens and the shackles that were upon them. So those who shall believe in him, and honour and support him, and follow the light that has been sent down with him – these shall prosper. (7:158)
This lengthy passage from the Holy Quran not only mentions the purpose of the advent of the Holy Prophet(saw) but also states that earlier scriptures contain prophecies regarding his advent. Not only the Jewish and Christian scriptures but also the Hindu scriptures contain many prophecies about the Holy Prophet of Islam(saw).

Among the four Vedas of the Hindus, Athra Veda occupies a prominent position. It is also known as Brahma Ved (i.e. Divine knowledge). It contains the following prophecy:

O people! listen to these words with reverence. A very praise-worthy person will appear among the people. He will accept him from among 60090 enemies. His means of transport would be 20 camels . His name will soar high and then return. This great Rishi will have 100 gold coins, 10 pearl necklaces, 300 Arab horses and 10,000 cows. (Athra Ved Kantam 20-127, 70-1-3)
Here many characteristics of the Holy Prophet(saw) have been mentioned . The Promised Rishi is called praiseworthy. The word Muhammad itself means worthy of praise. He and his companions used camels as means of transport whereas for the Rishis of India, the use of camel is forbidden (Manu Smrithi 5:8). When the Holy Prophet Muhammad, peace and blessings of Allah be upon him, appeared in Arabia, the population of the Arabs was stated as a little more than 60,000. The entire population had become his enemies. Almighty God protected him against his enemies. The Holy Quran also says:

And Allah will protect thee from men. (5:68).

For more details please read simple booklet: Prophet Muhammad in Hindu Scriptures by DR. Z. HAQ

In the light of above basic doctrine of jurisprudence, I
hold that the right having been given to a widow or mother or
women under the Act of 1956, she cannot be told that though she
has a right to get share, but she cannot file a suit for recovery of
share of her deceased husband as she has no right to file a suit.
When a right is given, the remedy has to be there namely; remedy
to file a suit for partition, which cannot depend upon the desire or
demand of other coparceners in the family to have a partition of
the  joint  family  property.  I  don't  think  that  personal  law  of
Hindus, in this context, can be said to be affected in any manner.
Any  contrary  interpretation  would  be  in  violence  to  the  dicta
discussed above by me on the subject, and would be a retrograde
step.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Second Appeal No.119/2013
Mr. Santosh Popat Chavan,

...V E R S U S...
Mrs. Sulochana Rajiv @ Raju Chavan,



CORAM:­ A. B. CHAUDHARI, J.

Date of pronouncing the judgment: 12.12.2014

15. P.V. Kane, says that "such medieval works as the Mit. (on Yaj. II, 133), the Parijata and Apararka hold that even the son procreated on a wife married in the anuloma order (e.g., the son of a Brahmana from a Ksatriya wife or of a Ksatriya from a Vaisya caste wife) was also Aurasa. The exception was the son of a Brahmana from a Sudra wife, who was called Saudra or Parasava and distinguished from the technical Aurasa. From the definition of Aurasa given by all Smriti writers (and the dicta of such commentaries as the Mit.) it follows that in order to be an Aurasa the procreation and the birth of the son must both be after the marriage"., P.

Marriage is presumed to be a union of a man and a woman to the exclusion of all others but this exclusive union does not mean that it provides a certificate to its members to behave inhumanly and / or each of these members have a right to treat the other party to it with unlimited, unrestricted and unreasonable behaviour. If a marriage does not work out for the objects and purposes it is meant, in such a situation, the parties to it have no other option but to go for divorce. The divorce is the final and formal termination of a marital union, cancelling the legal status, duties and responsibilities and dissolving the bond of matrimony between the parties. Though divorce laws vary considerably designed and executed around the world yet in most of the countries it requires the authority of a court or other authority in a legal process. The legal process for divorce may also involve issues of alimony, child custody, child support, distribution of property and division of debt. Where monogamy is law of marriage among Hindus, divorce allows each former partner to marry again once a formal decree is granted by the court of competent jurisdiction; limited polygamy is legal among Muslims but polyandry is not, divorce allows the woman to marry another man. In India married couples are governed by their personal laws, viz, Hindu, Muslim, Christian, Parsi and Jew. Whereas inter caste marriage may be solmnised under the provisions of the Special Marriage Act 1954 but if a Hindu male marries a non-Hindu female under this Act, he loses his joint status, ownership and inheritance rights in the Hindu joint family though it does not apply in case of marrying a Hindu female under the same Act.
It is interesting to note the number of divorce cases have been coming to the courts in India where these courts are working even on the Saturdays and Sundays to dispose of these matters. What is clearly apparent in this scenario is that the divorce rates in India are burgeoning to a point where the present setup of family courts are finding it hard to deal with the increasing number of cases that are coming before them. It seems that the divorces are on the rise, all over India and spread throughout the upper and middle classes especially in the metros and semi-urban areas but it touched the rural folks as well.  It is important to look at the socio-cultural and economic contexts in which the divorce matters are thought of and consequently divorce rates are increasing. As young couples in their 25-35 age group account for over 70% of the divorce cases, and around 85% of them were filed in just the first three years of their marriage. This statistic can be explained by delving into the causes of this rapid increase in divorce cases in India.
Not only the sanctity of marriage is taking a stack but also people’s attitude towards marriage itself is changing, and as a result they do not work as hard as they used to before for stable and peaceful married life. Family as a social institution in India, while very strong in the rural areas is losing its strength and sanctity in the urban areas, especially among the working class in the pretext of ultramodern lifestyle. Also to be considered is the steady migration of population from rural to urban cities in search of jobs and ample business opportunity provided by these cities. Around 30% of India’s population now resides in cities and metropolitan cities. Not only this; women, especially in urban areas are also working fulltime like men. Having to manage both at work and at home simultaneously has become a common phenomenon throughout the country. Rather to say, men are in search of women for marriage, who are well qualified, working and ready to share equal financial responsibilities.
Generally, there is a lot of pressure from the community to run the family properly and in case of disputes, the families of the bride and the groom sit together and sort out the matrimonial problems. Moreover, most of the marriages in India are arranged marriages, rather forced marriages as the parents of the couple chose the life partner of their daughter or son. In such a scenario, there comes the issue of compromise, which means that the couple must adjust and found a solution to their issues themselves. Seema Hingoranny a psychologist observed that ‘tolerance level is very low among the couples today which was not the case before. They take even trivial issues seriously and end up fighting. Also, women are more vocal today about their thoughts and what they feel, and many men do not accept this attitude easily. Besides this, couples today jump into the relationship too fast, without properly knowing the prospective wife’s or husband’s nature. And so, after marriage they have bitter fights and end up getting divorce’

One could scarcely draw together two larger topics than the Mahābhārata (Mbh) and dharma. The former, a tale of a fratricidal and internecine battle interspersed with theme-expanding stories, moral tales, fables, and didactic tracts, claims to be 100,000 stanzas long; the text constituted in the Critical Edition in the mid 20th century by a team of scholars comes to some 75,000.  The Mbh has arguably been the most influential and significant cultural product to emerge from South Asia in the last two millennia. The word dharma, on the other hand, has, since perhaps the 5th century BCE (or a little later), been the preeminent term of ideological expression in South Asian thought, and lent itself to the collective name for one of South Asia's most enduring genres, dharmaśāstra. The word is, as has often been noted, of central importance to the Mbh; indeed, in many respects, the Mbh both marks a significant moment in the semantic development of dharma (Hiltebeitel 2011: 20-29) and demonstrates its emergence as a term encoding cultural and ideological legitimacy.

Live-in relationship is prominently increasing in India as an easy way similar to marriage. It is defined as a domestic cohabitation between an adult couple who are not married. Apparently, it appears like a stress-free companionship without any legal obligations; conversely, it has many complications, responsibilities and legal liabilities. Recently attempts have been made to bring it in the ambit of some laws. It is no longer an offence in India and many guidelines pertaining to maintenance, property, the legal status of a child have been issued in various decisions of the Apex Court. Still it is a debatable issue in India. There are many grey areas which need appropriate attention like, official documentation, cultural issues, property rights, will and gift rights, anti-religion status, LGBT community and so on. The primary focus of the article is on to comprehend the concept of live-in relationship with the help of secondary sources. Thereafter, an attempt has been made to study the problems and challenges faced by the couples with the help of descriptive and analytic methodology. Lastly, the article argues on the need for framing a separate, secular and gender-sensitive law for the couple opting to cohabit in a live-in relationship.

This essay considers the category of "Jewish law" in Jewish studies while inviting scholarly and historiographic assessment of the ways that Judaism's link to law has come to appear as obvious. Considering that our present concepts of law are invariably linked to a geographically and temporally parochial "mythology of modern law," the essay sounds a preliminary set of interventions and conversations designed to open critical reflection on these links. First, it considers how halakhah is assimilated as law, which is in turn seen as quintessentially Jewish. Second, it invokes critical assessments of law as a modern European colonial construct. Third, it moves to Hindu law and Islamic law as examples of scholarly fields whose histories are implicated in European colonialism. Fourth, it discusses the construction of Jewish law in Israeli Zionist contexts and in the context of the U.S. law school. It then closes with some suggestions for future directions.

KEY WORDS
Jewish law, Halakhah, law, Hindu law, Islamic law, colonialism, law school, Jewish studies

Regard being had to the aforesaid statement of law, we have to
see whether retention of stridhan by the husband or any other family
members is a continuing offence or not. There can be no dispute that
wife can file a suit for realization of the stridhan but it does not debar
her to lodge a criminal complaint for criminal breach of trust. We
must state that was the situation before the 2005 Act came into force.
In the 2005 Act, the definition of “aggrieved person” clearly postulates
about the status of any woman who has been subjected to domestic violence
as defined under Section 3 of the said Act. “Economic abuse”
as it has been defined in Section 3(iv) of the said Act has a large can-
vass. Section 12, relevant portion of which have been reproduced
hereinbefore, provides for procedure for obtaining orders of reliefs. It
has been held in Inderjit Singh Grewal (supra) that Section 498 of
the Code of Criminal Procedure applies to the said case under the
2005 Act as envisaged under Sections 28 and 32 of the said Act read
with Rule 15(6) of the Protection of Women from Domestic Violence
Rules, 2006. We need not advert to the same as we are of the considered
opinion that as long as the status of the aggrieved person remains
and stridhan remains in the custody of the husband, the wife can always
put forth her claim under Section 12 of the 2005 Act. We are disposed
to think so as the status between the parties is not severed because
of the decree of dissolution of marriage. The concept of “continuing
offence” gets attracted from the date of deprivation of stridhan, for
neither the husband nor any other family members can have any right
over the stridhan and they remain the custodians. For the purpose of
the 2005 Act, she can submit an application to the Protection Officer
for one or more of the reliefs under the 2005 Act. In the present case,
the wife had submitted the application on 22.05.2010 and the said authority
had forwarded the same on 01.06.2010. In the application, the
wife had mentioned that the husband had stopped payment of monthly
maintenance from January 2010 and, therefore, she had been compelled
to file the application for stridhan. Regard being had to the said
concept of “continuing offence” and the demands made, we are disposed
to think that the application was not barred by limitation and
the courts below as well as the High Court had fallen into a grave error
by dismissing the application being barred by limitation.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1545 OF 2015
(@ SLP(Crl) No. 10223 OF 2014)
Krishna Bhatacharjee ... Appellant
Versus
Sarathi Choudhury and Anr. ... Respondents
Dated;November 20, 2015