ROLE OF THE FATHER UNDER HINDU LAW: INJUSTICE WITH THE RIGHTS OF THE FATHER COMPARED TO HIS RESPONSIBILITIES


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Author :

MRS. JAYSHREE GAUTAM KANCHANPURKAR

Volume :

1

Issue :

1

Abstract :

The ancient and modern Hindu law describe the obligations and duties of the men as a son, father, and as a husband. These laws framed the primary obligations on the men to maintain their families. The author in the current research paper focuses on the role of the father under Hindu laws comparing the insufficient and inappropriate Hindu laws against the rights of the father. The role of father described under different Hindu laws: (i) under the Hindu Adoption and Maintenance Act, the father has an obligation to maintain his minor son and unmarried daughter; (ii) the Hindu Minority and Guardianship Act, the father is the first guardian and is responsible to take care of child in person and of his property; (iii) under the Hindu Succession Law, the father’s property is claimed by son and daughter. Further, the author is adopting the comparative study of Hindu laws towards the property rights of the father in comparison with his role towards his duties and responsibilities of his children and wife. The current laws are insufficient and inappropriate which do not give priority rights to the father over the properties of the children and his wife in comparison with his duties and responsibilities towards the children and wife. Many times these laws are being misused by his children and the wife against him. The author therefore suggests to enact or to amend the existing laws regarding the rights of father over the properties of children and wife who dies intestate.

Keyword :

Hindu Succession Law, Hindu Minority and Guardianship Act, Hindu Adoption and Maintenance Act, Hindu laws
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