cover image: The Hindu Law of Marriage and Stridhana

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The Hindu Law of Marriage and Stridhana

1923

The Hindu law to be applied in the decision of the question is not the law as laid down in the Smritis but the law as formed by an usage which has been recognised by the Courts for more than a century as the cases quoted in the judgment of Mookerji J. show and the correct decision depends on the construction not of any Smriti text but of that usage. [...] Scope of the present Lecture—Nature of the marriage contract— Nature of the marriage contract in the Hindu law—Rights of the husband and the wife over the person of each other-- Custody of an infant wife— Restraint of wife's liberty—Correction of her person—Remedy of the husband against infringement of marital rights--Restitution of conjugal rights—Cases in which restitution of conjugal rights is [...] The highest possible ambition of every Hindu ruler was t o govern according toprimeval law ; and the most perfect type of adminitrative ability which the imagination of the Hindu poet could conceive was the power to lead the subjects witout the least deviation in the heat en track marked out by Manu.' When the government of the country pased to the hands of the Mahomedans the new rul [...] Accoringly the Privy Council have laid down the rule that in Hindu law clear proof of usage will outweigh the written text of the law ; "and in some of the later enactments of the Legislature such as the Punjab Laws' Act and the Madras Civil Courts' Act 2 it is provided that in cases in which the Hindu law has been modified by custom such custom and not the Hindu law shall form the [...] One distinctive feature of the progress is the development of the distinction between legal and moral injunctions and the separation of the religious element in the law from the civil.
law
Pages
578
Published in
India
SARF Document ID
sarf.144806
Segment Pages Author Actions
Preface
i-xxviii Gooroodas Banerjee view
Lecture I.—Introductory Remarks
1-35 Gooroodas Banerjee view
Lecture II.—Parties to Marriage
36-85 Gooroodas Banerjee view
Lecture III.—Forms of Marriage and Formalities Requisite for a Valid Marriage
86-118 Gooroodas Banerjee view
Lecture IV.—Legal Consequences of Marriage
119-201 Gooroodas Banerjee view
Lecture V.—Dissolution of Marriage—Widowhood
202-268 Gooroodas Banerjee view
Lecture VI.—Certain Customary and Statutory Forms of Marriage
269-318 Gooroodas Banerjee view
Lecture VII What Contstitutes Stridhana
319-368 Gooroodas Banerjee view
Lecture VIII.—Rights of a Woman over her Stridhana
369-399 Gooroodas Banerjee view
Lecture IX.—Succession to Stridhana according to the Benares School
400-432 Gooroodas Banerjee view
Lecture X.—Succession to Stridhana according to the Maha Rashtra Dravida and Mithila Schools
433-471 Gooroodas Banerjee view
Lecture XI.—Succession to Stridhana according to the Bengal School
472-502 Gooroodas Banerjee view
Lecture XII.—Succession to Woman’s Property other than her Stridhana
503-520 Gooroodas Banerjee view
Index
521-550 Gooroodas Banerjee view

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