Category: Hindu Law

Sardar Sambhaji Angre vs H.H. Jyitiraditya M. Scindia And Ors [BHC] – 18/6/2019

In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening  circumstances.

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What is a Gotra

According to Mitakshara on Yajnavalkya, i, 53, ” “, ‘Gotra is that which is known from tradition handed down in the family’. The Baudhayanasrauta says:- (Visvamitra, Jamadagni, Bharadvaja, Gautam, Aur, Vasistha and […]

What is the kind of mental cruelty that is required to be established to get divorce?

It will be necessary to bear in mind that there has been marked change in the life around us. In matrimonial duties and responsibilities in particular. we find a sea change. They are of varying degrees from house to house or person to person. Therefore, when a spouse makes complaint about the treatment of cruelty by the partner in life or relations, the Court should not search for standard in life. A set of facts stigmatised as cruelty in one case may not be so in another case. The cruelty alleged may largely depend upon the type of life the parties are accustomed to or their economic and social conditions. It may also depend upon their culture and human values to which they attach importance. We, the judges and lawyers, therefore, should not import our own notions of life. We may not go in parallel with them. There may be a generation gap between us and the parties. It would be better if we keep aside our customs and manners. It would be also better if we less depend upon precedents. Because as Lord Denning said in Sheldon v. Sheldon, (1966)2 All ER 257, 259 “the categories of cruelty are not closed”. Each case may be different. We deal with the conduct of human beings who are not generally similar. Among the human beings there is no limit to the kind of conduct which may constitute cruelty. New type of cruelty may crop up in any case depending upon the human behaviour, capacity or incapability to tolerate the conduct complained of. Such is the wonderful (sic) realm of cruelty.”

Hindu Philosophy

The Schools Darshan Teacher Teachings Vaisheshika Kanada Physics,especially atomic theory Nyaya Gautama Logic and epistemology Sankhya Kapila Muni Physics and metaphysics Yoga Patanjali Sadhana (spiritual practices) Mimamsa Jaimini Hermeneutics and ritual Vedanta […]

Mundaka Upanisad of Atharva Veda

॥ मुण्डकोपनिषत् ॥ ॥ श्रीः॥ ॥ मुण्डकोपनिषत् ॥ ॐ भद्रं कर्णेभिः श्रुणुयाम देवा भद्रं पश्येमाक्षभिर्यजत्राः । स्थिरैरङ्गैस्तुष्टुवाꣳसस्तनूभिर्व्यशेम देवहितं यदायुः । स्वस्ति न इन्द्रो वृद्धश्रवाः स्वस्ति नः पूषा विश्ववेदाः । स्वस्ति नस्तार्क्ष्यो अरिष्टनेमिः […]

Glorification of wife – In Hindu Tradition

From Markandeya Purana Adhyaya 21 ॥ भार्यामहिमा ॥ कुण्डलोवाच – भर्तव्या रक्षितव्या च भार्या हि पतिना सदा । धर्मार्थकामसंसिद्ध्यै भार्या भर्तृसहायिनी ॥ ६८॥ यदा भार्या च भर्ता च परस्परवशानुगौ । तदा धर्मार्थकामानां […]