Hindu Law Definition Explained

Summary

The Hindu Marriage Act, 1955, defines Hindus broadly, including Virashaivas, Lingayats, and followers of Brahmo, Prarthana, or Arya Samaj. It also includes Buddhists, Jains, and Sikhs. Additionally, it applies to anyone domiciled in India who is not a Muslim, Christian, Parsi, or Jew and not governed by other laws. The elements of marriage under this act require both parties to be Hindus, meet age requirements, consent voluntarily, and not be within prohibited degrees of relationship unless custom allows. The nature of marriage is traditionally a sacrament, now also seen as a social contract, emphasizing monogamy and mutual rights.

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its very short
The definition of who is considered a Hindu under Hindu law is indeed a broad topic. Here's a more detailed overview for you:
- Section *(*)(a): This section states that the Hindu Marriage Act applies to anyone who is a Hindu by religion. This category includes individuals who are:
- Virashaivas
- Lingayats
- Followers of the Brahmo Samaj
- Followers of the Prarthana Samaj
- Followers of the Arya Samaj
- Section *(*)(b): This section extends the definition to include:
- Buddhists
- Jains
- Sikhs
According to the act, these individuals are considered Hindus and are thus governed by the Hindu Marriage Act.
- Section *(*)(c): This section includes any other person domiciled in India who is not a Muslim, Christian, Parsi, or Jew and who is not governed by any other law. This means if a person is living in India and does not belong to any of the aforementioned religions, they would be considered a Hindu for the purposes of the Hindu Marriage Act.
Would you like more information on how these definitions are appliedThe definition of 'Hindus' under Hindu law is broad and inclusive. Here is a more detailed explanation:
- Section *(*)(a): Applies to anyone who is a Hindu by religion, including:
- Virashaivas
- Lingayats
- Followers of Brahmo, Prarthana, or Arya Samaj
- Section *(*)(b): Applies to:
- Buddhists
- Jains
- Sikhs
- Section *(*)(c): Applies to any person domiciled in India who is not:
- Muslim
- Christian
- Parsi
- Jew
and who is not governed by any other law.
Would you need more details about any specific category?
with more details
I understand you're seeking more detailed information. Here's an extended overview:
Section *(*)(a):
- Hindu by Religion:
- Individuals who identify as Hindu.
- Virashaivas: A Shaivite sect known for worshipping Shiva.
- Lingayats: Another Shaivite sect, distinguished by their worship of the Linga.
- Followers of Brahmo Samaj: A reformist movement within Hinduism.
- Followers of Prarthana Samaj: Focused on worship and social reform.
- Followers of Arya Samaj: A reform movement that promotes values based on the Vedas.
Section *(*)(b):
- Buddhists, Jains, Sikhs:
- These religions are considered distinct but are included under the Hindu Marriage Act for legal purposes.
- Buddhists: Follow teachings of Gautama Buddha.
- Jains: Follow teachings of Tirthankaras, emphasizing non-violence and asceticism.
- Sikhs: Follow teachings of Guru Nanak and ten successive Gurus, stressing equality and service.
Section *(*)(c):
- Any person domiciled in India:
- Non-Muslim, Christian, Parsi, or Jew:
- This includes anyone who does not practice these religions and is not governed by any other specific personal law.
Would you like to know how these categories impact specific legal scenarios like marriage, inheritance, or adoption?
difference between elements and nature of marriage
In Uttar Pradesh, the elements and nature of marriage under Hindu law are defined by the Hindu Marriage Act, *. Here are the key points:
Elements of Marriage:
- Eligibility: Both parties must be Hindus.
- Age: The bride must be at least 18 years old, and the groom must be at least 21 years old.
- Consent: Both parties must voluntarily consent to the marriage.
- Prohibited Degrees: Parties should not be within prohibited degrees of relationship unless custom allows.
Nature of Marriage:
- Sacrament: Traditionally considered a sacred, lifelong union.
- Monogamy: Only one spouse is allowed at a time.
- Social Contract: Now also viewed as a social and legal contract, providing for mutual rights and responsibilities.
Do you have any specific questions about these points?
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