Smt. Ligi, teacher of Legal Language
and Legal Writing (OP-01) came to the class in the first hour and taught the following.
1.
Compensation
= നഷ്ടപരിഹാരം
2.
Complaint
= allegation of wrong = പരാതി
3.
Compromise
= രാജിയാക്കൽ, ഒത്തുതീർപ്പ്
4.
Concurrent
= ഒരേ
സമയത്തു സംഭവിച്ച, സമകാലീന
5.
Confession
= admission of guilt = കുറ്റസമ്മതം
6.
Consent
= സമ്മതം
7.
Consideration
= reasonable equivalent benefit = പ്രതിഫലം
8.
Consumer
= ഉപഭോക്താവ്
9.
Contempt
of Court = disrespect to Court = കോടതിയലക്ഷ്യം
10.
Conviction
= finding guilty = കുറ്റക്കാരനെന്നു കണ്ട് ശിക്ഷ വിധിക്കൽ
11.
Contributing
negligence = a person’s carelessness in looking
after one’s own safety = സ്വരക്ഷ നോക്കുന്നതിലെ
അശ്രദ്ധ
12.
Corroboration
= supporting evidence = ഉപോദ്ബലകമായ തെളിവ്
13.
Covenant
= an agreement or promise usually contained in a deed = ഉടമ്പടി
14.
Corpus
delicti = group of crime or group of acts which constitute a crime = the facts
and circumstances constituting a crime = കുറ്റകൃത്യത്തിന്റെ വസ്തുതകളും സാഹചര്യങ്ങളും
15.
Cost
= expense relating to an action = ചെലവ്
16.
Counter
claim = action by defendant in opposition to the plaintiff’s claim = പ്രത്യവകാശവാദം
17.
custom
= unwritten law established by practice = ആചാരം
18.
Cross
examination = എതിർവിസ്താരം
The
first hour ended and Smt. Smitha, teacher of Family Law (CP-04) came in
the second hour and taught us the following.
1.
According to Dayabhaga theory sapindas are those
who offer rice ball on death of the property holder. Those who offer rice ball
to each other or if they commonly offer rice ball to some people, they are
sapindas under the Dayabhaga theory of Jimutavahana.
2.
Presently Hindu Marriage Act has recognized sapinda
relationship as defined by Vigneswara with a modification of three generations
in mother’s line and five generations in father’s line. Marriage between
sapindas is prohibited. However that prohibition is not absolute. If there is a
custom contrary to the sapinda relationship recognized by the Hindu Marriage
Act, the rule of sapinda relationship recognized by the Hindu Marriage Act
shall not prevail.
3.
The following people are prohibited under Hindu
law to marry.
1. If
one person is a lineal ascendant or descendant.
2. When
one person is the wife of a lineal ascendant or descendant.
3. Brother’s
wife or sister’s husband.
4. Children
of brother, children of sister.
4.
Full blood and half blood relationships and
consanguine and uterine relationships must be considered in this regard.
5.
The above relationships may be through by blood
relationships or through adoptions.
6.
A Hindu as per Hindu Marriage Act includes a
Hindu, a Buddhist, a Jain or a Sikh. Thus Hindu Marriage Act applies to Hindus,
Buddhists, Jains and Sikhs.
7.
Legitimate or illegitimate children born to
Hindu parents become Hindus.
8.
If a child born of interreligious marriage
relationship belongs to the religious in which he is brought up.
9.
Converts
and reconverts to Hinduism are also Hindus.
10.
Hindu marriage is treated as a sacrament which
has a ceremony with chanting of manthras and other prescribed performances.
11.
There are no manthras to untie the relationship.
So marriage is considered to be an indissoluble relationship.
12.
Section 5 of the Hindu Marriage Act states how
two persons solemnize a Hindu marriage.
13.
Section 5 in The Hindu Marriage Act,
1955
Conditions for a Hindu marriage. —A
marriage may be solemnized between any two Hindus, if the following conditions
are fulfilled, namely:—
(i)
neither party has a spouse living at the time of the marriage;
(ii)
at the time of the marriage, neither party—
(a)
is incapable of giving a valid consent to it in consequence of unsoundness of
mind; or
(b)
though capable of giving a valid consent, has been suffering from mental
disorder of such a kind or to such an extent as to be unfit for marriage and
the procreation of children; or
(c)
has been subject to recurrent attacks of insanity 3 [***];]
(iii)
the bridegroom has completed the age of 4 [twenty-one years] and the
bride, the age of [eighteen years] at the time of the marriage;
(iv)
the parties are not within the degrees of prohibited relationship unless the
custom or usage governing each of them permits of a marriage between the two;
(v)
the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two;
[***]
A marriage between a Hindu man who
converted as Christian and a Christian lady in a Hindu form is not a valid
marriage. According to section 5 of the Act marriage can be solemnised between
two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363.
To draw an inference merely from the
fact that the spouses had no co-habitation for a short period of about a month,
is neither reasonable nor permissible. To brand the wife as unfit for marriage
and procreation of children on account of the mental disorder, it needs to be
established that the ailment suffered by her is of such a kind or such an
extent that it is impossible for her to lead a normal married life; R. Lakshmi
Narayan v. Santhi, AIR 2001 SC 2110.
14.
Hindu marriage should be solemnized through a customary
ceremony such as saptapadi or revolving around fire seven times, exchanging
garlands etc. Such ceremonies are not important.
15.
The above said conditions of Section 5 of Hindu
Marriage Act should be satisfied.
The classes of the day ended there.
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