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Personal Laws and Legislative Powers

What is Personal Law?

Personal law is a set of rules and regulations that govern and regulate the specific factors that connect people and relationships. These factors are marriage, blood. In addition, human law governs and regulates issues such as marriage, divorce, dependents, guardians, minorities, guardians and other areas of privacy. With a few exceptions, most of India`s private law are supported by religion. They provide norms for regulating personal relationships within an established family. Over time, these norms have been legally recognized through several legislation in the areas of marriage, divorce, dependent allowances, inheritance, guardianship, and custody issues. Personality rights occupy a new position in today's world and play an important role in keeping society within the limits of the city.

Personality rights are defined as laws that is applied to a particular class or group, or to a particular person: based on religion, belief, or culture. Their belief is in compliance with the law.

Marriage laws are clearly codified by different laws that apply to people of different religions.
These laws are as follows:
  • The Convert Marriage Dissolution Act
  • Indian Divorce Law
  • Indian Christian Marriage Law
  • Anand Marriage Law
  • Indian Succession Law
  • Child Marriage Restriction Law

Hindu law

Hindu personal law can be found at:
All four vedas: Rigveda, Samaveda, Yajurveda and Atharvaveda.

Narrated teachings and sayings of "Smriti", Rishi and Hindu saints, and commentary by many historical writers on "Smriti". There are three types of Smriti: Manu, Yajnavalkya, and Narada.

Personal law and customs govern Hindus, as permitted by law. These apply to legal issues related to inheritance,marriage, adoption, parenting, splitting family wealth, father's obligation to pay debt, protection, dependent allowances. Hindu Marriage Law was enacted in 1955.

Sources Of Hindu Law

  1. Ancient sources:
    Under this heading, four sources are important for Hindu law:

    It is considered a divine law revealed by God himself, this Revelations are contained in Vedic or Shulti and Smriti.
  2. Modern Sources:
    Among the modern sources of Hindu Law are : (1) Equity, Justice and Good Conscience: It owes its origin to the beginning of British management. If there is no specific law or if there is a dispute.

Marriage And Divorce Under Hindu Law

Hindus have always regarded their marriage as a sacrament. It means not only for this life, but also permanent and eternal. It is considered a sacred union for the sake of future life. Hindu purpose Marriage not only gives birth and justifies a child, but also helps to achieve it Religious ritual.

The Basics Of A Valid Hindu Marriage Are:
  1. Neither party has a spouse living at the time of marriage.
  2. Neither party at the time of marriage:
    • cannot give valid consent due to mental illness. Or
    • can give valid consent, but suffers from such mental illness, or to the extent that it is not suitable for marriage or childbirth, Or repeated attacks of mental illness.
  3. At the time of marriage, the groom reached the age of [21] and the bride reached the age of [18].
  4. The parties are not within the forbidden relationship unless the customs governing allow the marriage of the two.

Divorce is neither encouraged nor encouraged and is only allowed under certain circumstances

The following reasons:
  1. Adultery: Sexual intercourse between a married person with someone else from his spouse after marriage.
  2. Cruelty: Life-threatening behavior, physical or health, physical or mental pain that gives a reasonable cause fear of such danger.
  3. Escape: One spouse leaving the other forever without reasonable reason, without the consent of others, or desire for such a party. Escape is a complete refusal of all obligations of marriage.
  4. Conversion: When either spouse becomes Hindu by conversion for different religions, you can divorce.
  5. Madness: When one of your spouses is suffering terminally from mental illness or such mental illness to the extent that you cannot expect from other spouses you can get a life, a divorce.
  6. Leprosy: One of my spouses is toxic incurable leprosy, possible divorce.
  7. Sexually transmitted diseases: Where one of the spouses is suffering from infectious sexually transmitted diseases can be divorced.
  8. Abandonment: When one of your spouses abandons the world you can get a divorce by joining a religious order.
  9. Presumption of death: When you hear about someone who is not alive relatives and relatives over 7 years legally dead. In such cases, other spouses can get an injunction marriage cancellation.
  10. Mutual Agreement Divorce: Hindu Marriage Law provides for divorce by mutual agreement. It is based on:
    1. Joint petition for divorce if submitted to court by both spouses,
    2. The application must state that they have been separated for a year and can live together and they agreed to live with each other separately.
  11. Irreparable Marriage Breakdown: One of the parties to the marriage divorce files for the following reasons:
    1. There was nothing resumed cohabitation for over a year after death judiciary separation decision,
    2. No compensation rights of couples for more than one year after passing the law of compensation.

Muslim Law

The sayings and teachings of the Prophet Muhammad have traditionally been carefully preserved and passed down from generation to generation of saints.

Approval of Ijma, Islamic scholar, companion, and disciple of the Prophet Muhammad in religious affairs. Qiyas, an analysis made using the Quran is a statement that neither the Prophet Muhammad nor Ijma applies to a particular case. The best known are Hedaya (composed in the 12th century) and Fatawa Aramgiri, composed under the direction of Emperor Aurangzeb Aramgiri.

Sources Of Muslim Law:
  1. Quran-Muslims consider the "Quran" to be the basis of their law. They believe that the "Quran" is a clear indication of the truth and Correctness from falsehood and evil. It's the most basic holy source of Islamic law and is a scripture for Muslims.
  2. Sunnah or hadith-The Prophet made some implicit revelations, including: Some sacred and pious thoughts which is inspired by God.
  3. Ijmaa: When 'Quran' and 'Sunna' do not give any rule of law for a new problem then the persons having knowledge of Muslim Law used to gave his opinion.

Marriage And Divorce Under Muslim Law

In Islamic law, unlike Hindu marriage, marriage is a civil contract. Where it is considered sacred. The goal of Islamic marriage is reproduction And the legitimacy of the child. The following are the basics of a valid marriage.
  1. All healthy Muslims who have reached adolescent age may sign a marriage contract at the age of 15.
  2. Proposals must be made by or on behalf of either party.
  3. Proposal and acceptance of marriage must be done in presence and hearing. Two male witnesses who are Muslims and must have a healthy spirit and major.
  4. The words used in the offer and acceptance must be clear.
  5. No scriptures or religious ceremonies are required.
  6. Offers and acceptances must be reciprocal. In short, the assumptions must be applied exactly to the proposal, nothing else.
  7. Dowry should be considered.

A strong bond between husband and wife is a prerequisite for a happy family life. Therefore, Islam insists on the continuation of marriage. But under misery Depending on the circumstances, the marriage / marriage contract will be canceled. Divorce can be done by either the husband or the wife.

Christian Law
The Christian Marriage Law, enacted in 1972, provides guidance on how to deal with marriage-related issues. The Indian Divorce Act contains matters related to divorce. According to the provisions of this law, a husband can apply for divorce because of his wife's adultery. If the husband converts to another religion, marries another woman, or is found guilty, the wife can apply for divorce.

Husband can apply for divorce because his wife committed adultery, and the wife converted to another religion and married another woman, or was found guilty of one of the acts required by law.

What Is Legislative Power:

The legislative power is an assembly that has the right and power to create laws. It is also responsible for the administration of the state budget. In short, the work of the legislature is to develop and amend laws. All legislative power revolves around preparing, revising, or abolishing legislation to ensure the social, economic, and political development of the country. Senators and members of parliament exercise those powers.

The Main Functions:

  • Enactment and approval of laws governing the country.
  • Manage the state budget and approve all budget items.
  • Limit or monitor the functioning of other public authorities, especially government agencies. Government agencies must ratify contracts, agreements, or signed documents in writing.

Forms of Legislature:

  • Unicameral (single) legislative assembly. It is typical of a small, more or less homogeneous country, where legislative powers vote on all issues and belong to a single assembly of parliamentarians who vote.
  • Bicameral (dual) legislative assembly. It is divided into two separate legislative chambers: the House of Representatives and the Senate. The upper body decision is more important than the lower body decision and generally requires the approval of both houses for a bill to pass.

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