Therefore, only Hindus (whose applicability could be verified under section 2 of the Hindu Marriage Act 1955) are covered by this Act. All forbidden relationships are Sapinda, but not all Sapinda relationships are forbidden relationships. The Sapinda relationship is the chain of all relationships on the side of the brother and sister in the family; They cannot marry due to forbidden relationships and also their generation up to three generations on the girls` side and five generations on the boys` side until they are all in a Sapinda relationship. Sapinda avoidance can be achieved when the girl reaches the fourth generation and the boy (brother) reaches the sixth generation, after which both families can have a marriage that will be neither a forbidden relationship nor a Sapindo relationship. In India, there is no law dealing specifically with the matrimonial home. Therefore, the marital home is neither defined nor a right in itself. However, under the general right to a common household provided by law, a woman has the right to live with her husband in the same household. This would mean that there is a right to live in a house owned or rented by the wife and husband (together or separately), or in a house in which the husband has a right, title or interest, including the shared family home of which the husband is a part. Little has been said about guardianship in the Hindu Dharma Shastras.

This was due to the concept of mixed families, where a child without parents is cared for by the head of the joint family. Therefore, no specific law concerning guardianship was necessary. In modern times, the concept of guardianship has shifted from paternal authority to the idea of protection, and the Hindu Minority and Guardianship Act 1956 codifies minority and guardianship laws, with the welfare of the child at its centre. A marriage between the parties who are fir trees, or in other words, a marriage between the parties who come from their parents or the same family. Figure: There are two parts “A” and “B”, where “A” is the husband and “B” is the wife who has consanguinity or a close relationship with A, who can also be called Sapinda. This process is therefore considered invalid. The Rakshasa form of marriage is achieved by kidnapping the bride and brutally killing her family and relatives. In some texts, another condition that must take place is that the groom fights with the bride`s family while following the ceremonial steps in a quiet marriage. However, this condition is not essential to a “rakshasa” marriage. According to P. V.

Kane, a noble Indologist, this form of marriage is called Rakshasa because Rakshasas (demons) are known in history for committing cruelty to their prisoners. The partition is a process that terminates the shared state. In other words, division means the division of the common family. Article 26 of the same Act regulates the custody, maintenance and education of minor children. The court may, if it considers it necessary and appropriate, take interim measures from time to time in this regard and at the same time has the power to quash, suspend or vary such an injunction. The maintenance obligation is incumbent on both the father and mother of the child or one of the parents, by order of the court. Section 20 of the Hindu Adoption and Maintenance Act, 1956 requires a Hindu man or woman to provide for his legitimate/illegitimate minor children and elderly/frail parents, the amount of which shall be determined by the competent court on the basis of the following factors: It is important that the adoption be valid to have any effect. In Sri Chandra Nath Sadhu & ors v. The State of West Bengal and the Supreme Court of Calcutta have stated that an invalid adoption does not create rights in the adoptive family for someone that could have been obtained through a valid adoption, and that existing rights in the child`s biological family will not end up completely changing a child`s life in many ways. He will be part of a new family and will also have rights to the property. Introduction: Adoption is the act of giving and receiving a child, male or female, into the family, without sons or daughters.

And. The common family consists of a man, his wife and unmarried daughter and his male descendants, their wives and unmarried daughters. I. Asura, Gandharva, Rakshasa and Paisasha fall under the unauthorized forms of marriage. According to Rajbir Singh Dalal vs Chaudhari Devi Lal University, 2008, the ownership of a childless woman married in one of the unauthorized forms goes to her family and not to her husband. The life relationship as such is one that has not been socially accepted in India, unlike many other countries. A living relationship between two consensual heterosexual adults is not a criminal offence, even if it may be perceived as immoral. However, in order to create a civil remedy to protect women who are victims of such a relationship for the first time in India, the Domestic Violence Act has been enacted to cover couples who have a relationship in the type of marriage, persons related by consanguinity, marriages, etc.

There are also other laws providing assistance to women in certain vulnerable situations. Article 125 of the Code of Criminal Procedure of course provides for the maintenance of a destitute wife, and article 498-A of the Criminal Code refers to psychological cruelty inflicted on women by their husbands and parents-in-law. Article 304-B of the Penal Code deals with cases related to the death of the dowry. The Dowry Prohibition Act of 1961 was enacted to deal with cases of dowry requests from husband and family members. The Hindu Adoption and Maintenance Act, 1956 provides for the award of alimony to a legally married Hindu woman and also deals with adoption rules. The Hindu Marriage Act, 1955 refers to the provisions governing the solemnization of marriage and also deals with the provisions governing divorce.