📖 FAMILY LAW: HINDU LAW

🔹 UNIT – I: Introduction

✨ Concept of Dharma

 Dharma (धर्म) in Hindu law refers to moral, ethical, and legal

duties that govern human conduct. ⚖️

 Derived from Vedas, Smritis, and customs, Dharma influences

personal laws, customs, and traditions in Hindu society. 📜

Sources of Hindu Law

Hindu Law derives from both Ancient and Modern sources.

🔹 Ancient Sources

1️⃣ Shruti (श्रुति) – 🌿 Vedas (Rig, Yajur, Sama, Atharva) are the primary
sources of Hindu law.
2️⃣ Smritis (स्मृतियाँ) – Commentaries on Vedas like Manu Smriti,
Yajnavalkya Smriti, Narada Smriti. 📖
3️⃣ Customs (रिवाज) – Practices followed for generations, such as
marriage and inheritance customs. 🏡
4️⃣ Commentaries & Digests – Mitakshara, Dayabhaga, Smriti Chandrika,
etc., interpret Smritis. 📚

🔹 Modern Sources

1️⃣ Legislation (कानून) – Acts like the Hindu Marriage Act, 1955 & Hindu
Succession Act, 1956. ⚖️
2️⃣ Judicial Decisions (न्यायिक निर्णय) – Supreme Court & High Court
judgments shape Hindu Law.
3️⃣ Justice, Equity, & Good Conscience – Used in cases where no legal
provision exists. ⚖️
4️⃣ Precedents (नज़ीर) – Previous case rulings set legal standards for future
cases. 📜

Influence of Dharma Shastra on Legislation

  Dharma Shastra influenced modern Hindu laws, shaping legal
principles like:
✅ Marriage laws (Hindu Marriage Act, 1955) 💍
✅ Succession & inheritance (Hindu Succession Act, 1956) 🏠
✅ Adoption (Hindu Adoption and Maintenance Act, 1956) 👶

🔥 Two Principal Schools of Hindu Law

1️⃣ Mitakshara School (मिताक्षरा)

 Prevails in most of India (except Bengal & Assam).

 Recognizes son's right by birth in property.

 Follows coparcenary system (joint family ownership).

2️⃣ Dayabhaga School (दायभाग) 📜

 Followed in Bengal & Assam.

 Property rights are given only after the father’s death.

 No right by birth in property.

📜 Application of Hindu Law

Hindu Law applies to:

✅ Hindus, Buddhists, Jains, Sikhs (as per Hindu Marriage Act, 1955).
✅ Those who follow Hindu customs (except Muslims, Christians, Parsis,
Jews).

Acts Governing Hindu Law

📜 Hindu Marriage Act, 1955 (Marriage, Divorce)

📜 Hindu Succession Act, 1956 (Inheritance, Property Rights)
📜 Hindu Adoption and Maintenance Act, 1956 (Adoption, Maintenance)
📜 Hindu Minority and Guardianship Act, 1956 (Guardianship of Minors)

⚖️Important Case Laws

📌 Shastri Yagnapurushdasji v. Muldas, AIR 1966 SC 1119
✔ Defined who is a Hindu under Hindu Law.

📌 Sarla Mudgal v. Union of India (1995)

✔ Held that a Hindu cannot convert to Islam for second marriage
without dissolving the first.

📌 Danamma v. Amar (2018)

✔ Daughters have equal coparcenary rights in ancestral property
under Hindu Succession Act, 1956.

📌 Shayara Bano v. Union of India (2017)

✔ Declared Triple Talaq unconstitutional, ensuring gender justice.

📌 Recent Amendments & Developments

✅ Hindu Succession (Amendment) Act, 2005 – Daughters have equal

property rights as sons. 🏡
✅ Uniform Civil Code (UCC) Debate – Ongoing discussions on uniform
personal laws for all religions. ⚖️
✅ Live-in Relationships – Recognized under domestic violence laws. 💑

🔹 Conclusion
Hindu Law, rooted in Dharma, has evolved through ancient texts,
customs, judicial decisions, and legislation. It continues to adapt,
ensuring justice and equality in contemporary society. ⚖️📖

📖 FAMILY LAW: HINDU LAW

🔹 UNIT – II: Marriage and Kinship

Evolution of the Institution of Marriage & Family

🔹 In Hindu tradition, marriage (Vivaha - विवाह) is a sacrament (Sanskara -

संस्कार), not just a contract. 💍
🔹 It symbolizes Dharma, Progeny (Prajā - प्रजा), and Pleasure (Rati -
रति).
🔹 Family structure evolved from joint family (सयुक्त परिवार) to nuclear
families due to modernization. 🏠

📜 Types of Hindu Marriages (As per Ancient Texts)

1️⃣ Brahma Vivaha – Marriage with consent and gifts to the groom. 🎓
2️⃣ Daiva Vivaha – Marriage with a priest or religious offering.
3️⃣ Arsha Vivaha – Marriage in exchange for cows/wealth. 🐄💰
4️⃣ Prajapatya Vivaha – Marriage with a vow of equality. 🤝
5️⃣ Gandharva Vivaha – Love marriage. 💕
6️⃣ Asura Vivaha – Marriage by purchasing the bride (not encouraged). ❌
7️⃣ Rakshasa Vivaha – Marriage by force/kidnapping. ⚔️
8️⃣ Paisacha Vivaha – Marriage by deception (highly condemned). ❌

⚖ Law Prior to the Hindu Marriage Act, 1955

📌 Before the Act, marriages were governed by:

✅ Ancient texts like Manu Smriti & Yajnavalkya Smriti.
✅ Different customs among castes & regions.
✅ No uniform legal provision for divorce, maintenance, or alimony.
✅ Practices like child marriage, polygamy, and dowry were prevalent.

📌 Key Reforms Introduced by Hindu Marriage Act, 1955

✔ Uniform marriage law for all Hindus.
✔ Defined valid, void & voidable marriages.
✔ Provided divorce & judicial separation rights.
✔ Gave legal recognition to monogamy.

📜 Hindu Marriage Act, 1955 (Detailed Study)

The Hindu Marriage Act, 1955 governs Hindu marriages in India.

🔹 Applicability (Section 2)

✔ Applies to Hindus, Buddhists, Jains, and Sikhs.

✔ Does NOT apply to Muslims, Christians, Parsis, and Jews.

🔹 Essential Conditions for a Valid Marriage (Section 5)

1️⃣ Monogamy – No spouse should be alive from an earlier marriage. 🚫👫

2️⃣ Mental Capacity – Both must be of sound mind at the time of marriage.
🧠
3️⃣ Age – Groom 21 years, Bride 18 years (as per Child Marriage Restraint
Act, 1929). 🎂
4️⃣ Prohibited Degrees of Relationship – Cannot marry close blood
relatives. 🚫🔗
5️⃣ Sapinda Relationship – Marriage within five generations on the
father’s side & three generations on the mother’s side is prohibited. ❌

🔹 Types of Marriages

✔ Valid Marriage (Section 5) – Meets all legal requirements. ✅

✔ Void Marriage (Section 11) – No legal recognition (e.g., bigamy,
prohibited relationships). 🚫
✔ Voidable Marriage (Section 12) – Can be annulled under certain
conditions (e.g., forced marriage). ⚖️

⚖ Matrimonial Remedies Under Hindu Marriage Act, 1955

🔹 Restitution of Conjugal Rights (Section 9)

✔ If one spouse withdraws from the other's society, the other can file for
restitution. 🏡⚖️
✔ Landmark Case: Sarla Mudgal v. UOI (1995) – Conversion to Islam for
remarriage without divorce is void.

🔹 Judicial Separation (Section 10)

✔ Spouses may live separately without dissolving marriage.
✔ Grounds similar to divorce. 🏠

🔹 Divorce (Section 13)

✔ Grounds for Divorce:

1️⃣ Adultery (voluntary sexual relations outside marriage). ❌
2️⃣ Cruelty (mental or physical). 🤕
3️⃣ Desertion for 2 years or more. 🚶‍♂️
4️⃣ Conversion to another religion. ☪️✝️
5️⃣ Mental disorder/unsoundness of mind. 🧠
6️⃣ Communicable disease (HIV, leprosy). 🏥
7️⃣ Renunciation of the world (Sannyasa).

✔ Special Grounds for Women (Section 13(2)):

 Husband has another wife (Bigamy).

 Husband is guilty of rape, sodomy, or bestiality.

 Woman was married before puberty (child marriage). 👧

🔹 Divorce by Mutual Consent (Section 13B)

✔ Both parties can mutually agree to divorce after 1-year separation. ⚖️

🔹 Remarriage (Section 15)

✔ After a valid divorce, both partners can remarry. 💍

💰 Maintenance & Alimony (Hindu Marriage Act, 1955 & Hindu

Adoption & Maintenance Act, 1956)

🔹 Types of Maintenance

1️⃣ Interim Maintenance (Section 24, HMA) – Financial support during

proceedings. 💰
2️⃣ Permanent Alimony (Section 25, HMA) – Awarded after divorce. ⚖️

🔹 Factors Considered

✔ Income & financial status of both spouses.

✔ Standard of living.
✔ Health & employment of parties.
📌 Landmark Case:
✔ Shah Bano Case (1985) – Muslim woman’s right to maintenance under
Section 125 CrPC.

⚠ Dowry Prohibition (Dowry Prohibition Act, 1961)

✔ Dowry (दहेज) is illegal in India. 🚫💰

✔ Giving or receiving directly/indirectly is punishable. ⚖️

🔹 Punishment Under Dowry Prohibition Act, 1961

1️⃣ Taking/Giving Dowry – 5 years imprisonment + ₹15,000 fine. 🚔

2️⃣ Demanding Dowry – 6 months - 2 years imprisonment + fine.

📌 Important Cases:
✔ Vimla Bai v. State of Madhya Pradesh (1995) – Dowry-related cruelty
is punishable under Section 498A IPC.
✔ Arnesh Kumar v. State of Bihar (2014) – Guidelines for preventing
misuse of Section 498A IPC.

📌 Recent Amendments & Developments

✅ Marriage Age Amendment Bill (2021) – Proposed raising marriage age

for women from 18 to 21. 📜
✅ Equal Rights for Women – Daughters now have equal property rights
as sons (Hindu Succession (Amendment) Act, 2005). 🏡
✅ Marital Rape Debate – Pending legislation on criminalizing marital
rape. ⚖️

🔹 Conclusion

Hindu marriage has evolved from an indissoluble sacrament to a

legally recognized institution with rights for both partners. The Hindu
Marriage Act, 1955 provides remedies for marriage-related issues,
maintenance, and protection from dowry. 📖⚖️
📖 FAMILY LAW: HINDU LAW

🔹 UNIT – III: Hindu Undivided Family (HUF)

🏛 Hindu Undivided Family (HUF)

📌 Definition: HUF is a family unit consisting of common ancestors and

their male lineal descendants, including wives and unmarried daughters.
🏡👨‍👩‍👧‍👦
📌 Governed by:
✔ Mitakshara School (except Bengal & Assam). 📜
✔ Dayabhaga School (Bengal & Assam). 📖
🏛 Mitakshara Joint Family – Formation & Incidents

🔹 Formation of a Joint Family

✔ A Hindu joint family is formed by birth, not by contract.

✔ It consists of:

 Common ancestor 👴

 Male lineal descendants 👦

 Wives & unmarried daughters 👩‍👧

📌 Key Features
✅ Joint ownership of property 🏠
✅ Common worship & rituals
✅ Joint living & business 👥

🏠 Property Under Both Schools

🔹 Mitakshara School

✔ Coparcenary Property: Property held jointly by male members. 🏡

✔ Self-Acquired Property: Personal property, not subject to family claims.
💰
✔ Women's Property (Stridhan): Property owned & inherited by women.
👩💎

🔹 Dayabhaga School

✔ No birthright in property.
✔ Father is sole owner during his lifetime.
✔ Property passes by inheritance, not by birth.

📌 Important Case:
✔ Gurupad v. Hirabai (1978) – A daughter can inherit property as a
coparcener. ⚖️
🏛 Karta: Position, Powers, Privileges & Obligations

📌 Who is a Karta?
✔ The senior-most male member is the Karta (head) of the HUF. 🧑‍⚖️
✔ After the 2005 amendment, a daughter can also be Karta. 👩⚖️

🔹 Powers of Karta

✔ Manages family affairs & property 🏠

✔ Represents the HUF legally ⚖️
✔ Controls business & finances 💰
✔ Can alienate (sell/gift) joint property for necessity 📜

🔹 Limitations on Karta’s Power

❌ Cannot transfer joint family property without necessity.

❌ Cannot deny maintenance to members.

📌 Important Case:
✔ Suraj Bunsi Koer v. Sheo Persad (1880) – Karta must act in family
interest. ⚖️

💰 Debts & Doctrine of Pious Obligation

🔹 Pious Obligation Doctrine

✔ Sons are legally bound to pay father's debts after his death. 📜
✔ Condition: Debt should not be illegal or immoral. ❌💰

📌 Important Case:
✔ Raghunath v. Sundar Das (1914) – Doctrine applies only to Hindu
sons.

📌 Hindu Succession (Amendment) Act, 2005

✔ Daughters are coparceners but not liable for father's debts. ⚖️

🔀 Partition & Reunion in HUF

🔹 Partition (विभाजन) – Section 6, Hindu Succession Act, 1956

📌 What is Partition?
✔ Separation of joint family property into individual shares. 📜
✔ Each coparcener gets an equal share.

📌 Modes of Partition
✔ By Agreement – Mutual division of assets. 🤝
✔ By Notice – One member expresses intent to separate. 📩
✔ By Suit – Court decides division. ⚖️

📌 Important Case:
✔ Gopal v. Madho (1890) – Partition must be clear & definite.

🔹 Reunion of Joint Family

📌 Reunion (पुनःसंघटन) occurs when:

✔ Separated members agree to live jointly again. 🏠
✔ Must be by mutual consent.

📌 Key Conditions
✅ Must be among coparceners only.
✅ Reunion restores previous joint status.

📌 Important Case:
✔ Balmukund v. Tularam (1928) – Reunion must be valid & voluntary.

🛕 Religious & Charitable Endowments

📌 What is a Religious Endowment?

✔ A property given for religious or charitable purposes.
✔ Governed by Hindu Religious and Charitable Endowments Act, 1951.
📜

📌 Types of Endowments
✔ Public Endowment – Temple properties, religious trusts.
✔ Private Endowment – Family deity, private temples. 🙏

📌 Important Case:
✔ Tilkayat Shri Govindlalji v. State of Rajasthan (1964) –
Endowments should serve the public good. ⚖️

📌 Recent Amendments & Developments

✅ Hindu Succession (Amendment) Act, 2005 – Daughters have equal
rights in HUF property. 👩⚖️
✅ LGBTQ+ & HUF – Debate on same-sex couples' rights in HUF. 🌈⚖️
✅ Temple Endowment Reforms – Government oversight in mismanaged
religious endowments. 🛕

🔹 Conclusion

The Hindu Undivided Family (HUF) is a unique legal entity in Hindu Law.
While Karta holds supreme authority, property rights have evolved
favoring gender equality. The Doctrine of Pious Obligation is now
limited, ensuring fair succession laws. 📖⚖️

📖 FAMILY LAW: HINDU LAW

🔹 UNIT – IV: Inheritance & Succession

🏛 Historical Perspective of Hindu Law on Inheritance

📌 Before the Hindu Succession Act, 1956, inheritance was governed by:
✔ Mitakshara School – Property passed by birthright to male heirs. 🏠
✔ Dayabhaga School – No birthright; property inherited only after death.
⚖️
✔ Women had limited rights in inheritance (except Stridhan). 👩⚖️

📌 Need for Reform:

✔ Discrimination against women ❌
✔ Complexity in inheritance rules 🔀
✔ Hindu Succession Act, 1956 introduced uniform rules 📜

📜 Hindu Succession Act, 1956 (Detailed Study with Sections)

📌 Objective:
✔ To codify Hindu inheritance laws.
✔ Ensure equal property rights for heirs.

📌 Applicability (Section 2)
✔ Applies to Hindus, Buddhists, Jains, and Sikhs.
✔ Does NOT apply to Muslims, Christians, Parsis, and Jews.

🔹 Types of Property Under Hindu Succession Act

📌 Ancestral Property vs. Self-Acquired Property

✔ Ancestral Property (Joint Family Property) – Automatically inherited 🏠
✔ Self-Acquired Property – Owned independently; can be gifted or
willed 🎁📜

📌 Women's Property (Stridhan) – Section 14

✔ Women get absolute ownership of property under this section. 👩💎
✔ Tulsamma v. Sesha Reddy (1977) – Stridhan cannot be taken by
husband’s family. ⚖️

🔹 Rules of Succession Under Hindu Succession Act, 1956

👨 Succession for Males (Sections 8-13)

📌 Section 8 – General rules of succession for Hindu males

✔ Property is inherited by Class I heirs first.

📌 Class I Heirs (Equal Shareholders) – Section 10

✔ Widow 👩
✔ Sons & Daughters 👧👦
✔ Mother 👵

📌 Class II Heirs (If No Class I Heirs Exist) – Section 11

✔ Father 👴
✔ Grandchildren, Brother, Sister 👨‍👩‍👧‍👦

📌 Class III & IV Heirs (Agnates & Cognates) – Section 12

✔ More distant relatives, based on male/female lineage.

📌 Landmark Case:
✔ Vineeta Sharma v. Rakesh Sharma (2020) – Daughters have equal
coparcenary rights from birth. ⚖️
👩 Succession for Females (Sections 14-16)

📌 Section 14 – Women’s absolute property rights

✔ Before 1956, women had only a limited estate ❌
✔ After the 2005 Amendment, daughters became equal coparceners. 👩⚖️

📌 Section 15 – General rules of succession for Hindu females

✔ First Preference – Sons, daughters, and husband. 👫
✔ Second Preference – Husband’s heirs. 👨‍👩‍👧‍👦
✔ Third Preference – Parents, mother’s heirs. 👴👵

📌 Section 16 – Order of succession for women’s property

✔ Stridhan goes first to children & husband, then to parents.

📌 Landmark Case:
✔ Prakash v. Phulavati (2016) – Daughter’s right applies only if father
was alive on 09.09.2005. ⚖️

🎁 Gifts Under Hindu Law (Sections 122-129, Transfer of Property Act,

1882)

📌 Section 122 – Definition of Gift

✔ Voluntary transfer without consideration. 🤝
✔ Must be accepted by donee during donor’s lifetime. ✅

📌 Section 123 – Gift of Immovable Property

✔ Must be registered & in writing. 📜

📌 Section 124 – Gift of Movable Property

✔ Can be transferred by delivery of possession. 🎁

📌 Section 125 – Onerous Gifts

✔ Gift with attached burden or obligation. 🏠💰

📌 Landmark Case:
✔ Gomathi Ammal v. K. Krishnaswami (1967) – Gifts should be
voluntary & unconditional. ⚖️

📝 Testamentary Succession (Wills Under Hindu Law – Sections 57-

213, Indian Succession Act, 1925)
📌 Section 57 – Applicability to Hindus
✔ Hindus can make a will for self-acquired property. 📜

📌 Section 59 – Who Can Make a Will?

✔ Any Hindu above 18 years, of sound mind. 🧠

📌 Section 63 – Essentials of a Valid Will

✔ Must be in writing & signed by the testator. ✍️
✔ Two witnesses required. 👥

📌 Probate (Section 213)

✔ Court approval of a will’s authenticity. ⚖️

📌 Landmark Case:
✔ Sushila Devi v. Ramanandan Prasad (1975) – A will must express the
testator’s clear intention. ⚖️

🔄 Recent State & Central Amendments to Hindu Succession Act

📌 Hindu Succession (Amendment) Act, 2005

✔ Daughters became equal coparceners. 👩⚖️
✔ Right to demand partition in ancestral property.

📌 Marriage Age Bill (2021)

✔ Proposed raising marriage age for women from 18 to 21. 📜

📌 LGBTQ+ Rights in Succession

✔ Debate on same-sex couples’ inheritance rights. 🌈⚖️

📌 Landmark Judgment
✔ Vineeta Sharma v. Rakesh Sharma (2020) – Daughters have equal
coparcenary rights from birth. ⚖️

📌 Conclusion

The Hindu Succession Act, 1956 brought major reforms in inheritance

laws, ensuring equal rights for men and women. The 2005 Amendment
revolutionized property rights for daughters. Testamentary succession via
wills allows Hindus to choose how property is distributed after death.
🎁📜⚖️
📖 FAMILY LAW: HINDU LAW

🔹 UNIT – V: Hindu Minority, Guardianship & Adoption

🧒 Hindu Minority and Guardianship Act, 1956

📌 Objective:
✔ To codify and modernize laws relating to minors and guardianship. 📜
✔ Protect the welfare of Hindu minors 👦👧.

📌 Applicability (Section 3)
✔ Applies to Hindus, Buddhists, Jains, and Sikhs.
✔ Does NOT apply to Muslims, Christians, Parsis, and Jews.

📌 Definition of Minor (Section 4(a))

✔ A person below 18 years is a minor. 👶

📌 Definition of Guardian (Section 4(b))

✔ A person who takes care of the minor’s person and property.

🔹 Kinds of Guardians (Section 6)

1️⃣ Natural Guardian 🏡 (Section 6)

✔ Father (Primary Guardian)
✔ Mother (Secondary Guardian) – If the father is absent, dead, or unfit.

📌 Case Law:
✔ Githa Hariharan v. RBI (1999) – Mother can be the natural guardian
even if the father is alive but not fulfilling his responsibilities. ⚖️

2️⃣ Testamentary Guardian 📜 (Section 9)

✔ Guardian appointed through a will.
✔ If no will exists, court can appoint a guardian.
3️⃣ Guardian Appointed by Court ⚖️(Section 10-11)
✔ If no natural guardian is available, the court appoints a guardian
under the Guardians and Wards Act, 1890.

4️⃣ De Facto Guardian 👤 (Not mentioned in the Act)

✔ Any person caring for a minor without legal authority.

5️⃣ Guardian by Affinity 🤝 (For minor widows)

✔ Guardian can be a relative from the husband’s family.

🔹 Duties & Powers of Guardians (Sections 13-15)

📌 Section 13 – Welfare of Minor is the Supreme Consideration

✔ Guardian’s primary duty = child’s best interests. 💖

📌 Section 8 – Powers of Natural Guardian

✔ Can manage property but cannot sell it without court permission. 🏡
✔ Sale, gift, or mortgage of minor’s property needs court approval. 📜

📌 Section 12 – Minor’s Custody

✔ A minor cannot be taken out of India without court permission. ✈️🚫

📌 Landmark Case:
✔ Sheela Devi v. Lal Chand (2006) – A guardian must act in the
minor’s best interest. ⚖️

👶 Hindu Adoption and Maintenance Act, 1956

📌 Objective:
✔ To codify and modernize Hindu adoption and maintenance laws. 📜
✔ Ensure welfare of adopted children and dependents. 👶

📌 Applicability (Section 2)
✔ Applies to Hindus, Buddhists, Jains, and Sikhs.
✔ Does NOT apply to Muslims, Christians, Parsis, and Jews.

🔹 Adoption (Sections 5-17)

📌 Who Can Adopt? (Section 7 & 8)

✔ A Hindu Male can adopt if:
  He is a major & of sound mind. 🧠

 If married, wife’s consent is mandatory. 💍

✔ A Hindu Female can adopt if:

 She is unmarried, divorced, or widowed.

 She is of sound mind and major.

📌 Who Can Be Adopted? (Section 10)

✔ A Hindu child (boy or girl) 👶
✔ Below 15 years of age. ⏳

📌 Conditions for a Valid Adoption (Section 11)

✔ Adopter must have the capacity to adopt.
✔ Adoptee must be Hindu & unmarried.
✔ There must be an age gap of at least 21 years between adopter and
adoptee. ⏳

📌 Effects of Adoption (Section 12-15)

✔ Adopted child becomes a legal heir. 🏡
✔ Child loses all rights in biological family. 🚫

📌 Landmark Case:
✔ Laxmibai v. A. R. Nair (1993) – Adoption must be valid and legal to
claim inheritance rights. ⚖️

💰 Maintenance (Sections 18-22)

📌 What is Maintenance?
✔ Financial support for wife, children, and dependents. 💵
✔ Includes food, clothing, residence, education, and medical
expenses.
📌 Traditional Hindu Law on Maintenance:
✔ Manu Smriti – Husband must provide for wife & children. 📜
✔ Maintenance was limited to widows, unmarried daughters, and
aged parents.

📌 Right to Maintenance Under Hindu Adoption & Maintenance Act,

1956

✔ Wife’s Right to Maintenance (Section 18)

 A Hindu wife is entitled to maintenance during marriage and after

divorce. 💍

 Grounds for claiming maintenance:

o Desertion by husband 🚶

o Cruelty 😡

o Bigamy (Husband remarries without consent) 💔

✔ Maintenance for Children & Parents (Section 20)

 Father/mother must maintain minor children. 👶

 Daughters have equal right to maintenance. 👩⚖️

✔ Maintenance of Dependents (Section 22)

 Relatives dependent on the deceased can claim financial support. 💰

📌 Landmark Cases:
✔ Bai Tahira v. Ali Hussain (1979) – Maintenance should be sufficient for
livelihood. ⚖️
✔ Savitaben v. State of Gujarat (2005) – Divorced wife can claim
maintenance if she is unable to sustain herself. ⚖️

🔄 Recent Amendments & Landmark Cases

📌 Hindu Succession (Amendment) Act, 2005

✔ Daughters got equal property rights. 👩⚖️

📌 Maintenance and Welfare of Parents and Senior Citizens Act, 2007

✔ Parents can demand maintenance from children. 👵💰

📌 Landmark Cases:
✔ Vimla v. Veeraswamy (1991) – Wife can claim maintenance even if
separated. ⚖️
✔ Danamma v. Amar (2018) – Daughters have equal property rights even
if born before 2005.

📌 Conclusion

Hindu Minority & Guardianship Act ensures the welfare of minors, while
the Hindu Adoption & Maintenance Act, 1956 provides rights for
adoption and financial support to wives, children, and dependents.
Amendments like 2005 & 2007 laws have strengthened women’s rights
and maintenance laws. 🏡📜👩⚖️