Assignment on

Hindu law and roman

Comparative study on Hindu marriage
law in Bangladesh vs India, Nepal,
Bhutan

Submitted by:

Md. Forhad
Hossain gazi Submitted to:

Aniqa
ID: 2024020300047
Batch: 61 Section: B

Naorin
Submission Date: 04/11/2024
 Serial Page
Number Name of Content Number

1 Introduction 01

1.3 The Research Questions 03

2 General Concept of Marriage under Hindu Law 04

Comparative study:
3  Bangladesh 06
 India
 Nepal
 Bhutan

4 Research Findings: 17

5 Opinion 18

6 Conclusion 18

7 Bibliography 19

8 Reference 19
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1. Introduction:
Hindu law is considered to be the most ancient and prolific law in the world. It has been
around every phase. It is about 6000 years old. Hindu law is a customary Law. In Ancient
form, Hindu religion follows the custom or usage and their religion based on many
principals, custom, and usage. There are some changes in their religion by the laws and
principal amendment. These changes are based on mainly “Doctrine of Factum Valet.”
Hindu statues have been established by the people, not for the purpose of removing any
crime or transgression from society but it was established so that the people will follow it
in order to attain salvation. Originally Hindu law was established so that the need of the
people gets fulfilled. The concept was initiated for the welfare of the people 1.

1.1 Origin of Hindu law:

In Dharmasastra there is no word such as ‘Hindu’. It is a foreign origin. The word

‘Hindu’ came into existence through Greeks who used to call the residence of the Indus
Valley nation as ‘Indoi’. Later it became a ‘Hindu’. This nation came to be known as
‘Hindustan’ and its people as Hindu. In history, the word ‘Hindu’ not only indicates a
religion, but it also indicates a nation basically. The Hindu law has been modified
through centuries and has been existing since the last 5000 years and has also continued
to govern the social and moral figure of Hindu life by following the different elements of
Hindu cultural life. Hindu law originally wasn't the result of legislation, it has divine
origin2.

1
Hindu Law by B.M. Gandi
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2
Lecture Sheet 2 of Aniqa Naorin

1.2 There is the two-fold classification of the sources of the Hindu law3

• Ancient sources
• Modern sources

1.2.1 Ancient sources:

Ancient sources are the source that developed the concept of Hindu law in ancient times.
It is further classified into four categories:

• Shruti
• Smriti
• Customs
• Digest and commentaries

1.2.2 Modern Sources:

• Legislation
• Precedents
• Principles of justice, equity and good conscience.
• Factum Valet

3
Lecture sheet 2 of Aniqa Naorin
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1.3 Scopes
This assignment is only based on the existing provisions of The Hindu personal laws, and
showing some criticism and problems which, they are facing.

A number of questions can be framed on this research topic. The Following research
question will be answered at the end of this assignment.

1.3.1 The Research Questions are:

1. Why has not The Hindu Personal Laws in Bangladesh been reformed or modernized?

2. How do divorce laws and procedures differ for Hindus in Bangladesh, India, Nepal,
and Bhutan?
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2. General Concept of Marriage under Hindu Law:

Hindu marriage is not a contract. But Hindu marriage may be solemnized in accordance
with the customary rites and ceremonies of either party. Hindu marriage, known as
"Vivaha" is a sacred union between two individuals and their families. The word vivaha
originated as a sacred union of two people as per vadic traditions, i.e., what many call
marriage, but based on cosmic laws and advanced ancient practices. Under vedic Hindu
traditions, marriage is viewed as one of the samskaras performed during the life of a
human being, which are lifelong commitments of one wife and one husband. Here
marriage has been looked upon as having been designed by the cosmos and considered as
a "sacred oneness witnessed by fire itself." Hindu families have traditionally been
patrilocal. It involves rituals like Saptapadi (seven steps) and Kanyadaan (giving away
the Bride to the Groom). Hindu marriage is regarded to be a sacrament by Hindus, rather
than a form of social contract, since they believe that all men and women are created to
be parents, and practice dharma together, as ordained by the Vedas 4. Emphasizing
commitment, love, and duty, it often includes traditional ceremonies, vibrant
celebrations, and is considered a lifelong partnership. In ancient Hindu Law recognized
eight forms of marriage, four forms are as approved marriage and another four forms are
disapproved5.

2.1 The Approved forms are:

 Brahma
 Daiva
 Arsha
 Prajapatya
4
Mulla Hindu Law by Sir Dinshaw Fardunji Mulla
5
Lecture sheet 4 of Aniqa Naorin
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2.2 And the Disapproved forms are:

 Asura,
 Gandharva
 Rakshasa
 Paishacha

In Bangladesh two forms are allowed to continue a marriage ceremony those are Brahma
and Asura. Only 2 forms are available now- Brahma 6 and Asura7. Brahma form is
approved by law8.

6
Brahma- Bride is a gift to the bridegroom and there is no consideration.
7
Asura- The husband is giving an amount to father of the bride. It is called ‘Shulka’. It is

called sale of the daughter by money.

8
Lecture sheet 4 of Aniqa Naorin
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3. Comparative Study of Hindu Marriage Law in Bangladesh vs India, Nepal,

Bhutan

Hindu marriage laws in the world are rooted in ancient texts, cultural practices, and
modern legislative frameworks. While these laws share a common heritage, the legal
frameworks governing marriage differ significantly across Bangladesh, India, Nepal, and
Bhutan. This assignment explores the similarities and differences in Hindu marriage laws
among these countries, examining the legal structures, cultural influences, and challenges
faced by Hindus in each nation. Now I will briefly discuss about Hindu Marriage,
Maintenance, Divorce.

3.1 Legal Framework in Hindu Personal Law of Bangladesh:

In Bangladesh, Hindu personal law is primarily governed by customary practices rather

than a comprehensive codified framework of law. The Hindu Marriage Registration Act,
2012, allows optional marriage registration, but it is not mandatory, leaving many
marriages unrecorded and limiting legal protection. There are no formal provisions for
divorce, leaving Hindu women without legal recourse in cases of desertion or abuse.
Inheritance rights are primarily governed by customary law, favoring male heirs over
female, with no statutory equal inheritance rights. The lack of comprehensive legislation
results in significant legal gaps for Hindu women in Bangladesh9.

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Mulla Hindu Law by Dinshaw Fardunji Mulla
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3.1.1 It is to be noted that all legislations relevant to Hindu Personal (applicable in

Bangladesh) were enacted in the British colonial period10, namely:
 The Racial Inability Remission Act, 1850;
 The Hindu Widow’s Remarriage Act, 1856;
 The Sati Regulation, 1829;
 The Child Marriage Restraint Act, 1929;
 The Earned Property Affairs Act, 1930;
 The Inheritance Act, 1925;
 The Hindu Women’s Right to Property Act, 1937;
 The Hindu Women’s Right to Separate Residence and Maintenance Act, 1946

3.2 Legal Framework in Hindu Personal Law of India:

In India, Hindu personal law is well-defined and codified, covering marriage, divorce,
adoption, and inheritance. After gaining independence in 1947, India undertook the
codification of Hindu personal laws, establishing a formal legal framework for family
matters. This codification aimed to bring clarity and uniformity to legal practices within
Hindu communities, reflecting both traditional values and contemporary principles. The
Hindu Marriage Act, 1955, regulates marriage and divorce, ensuring legal protections for
both men and women. The Hindu Succession Act, 1956, grants equal inheritance rights to
male and female heirs. The Hindu Minority and Guardianship Act, 1956, and Hindu
Adoptions and Maintenance Act, 1956, provide rules for guardianship, adoption, and
maintenance obligations within Hindu families. Collectively, these laws provide a
structured and gender-sensitive framework for Hindu personal matters in India11.

10
Law Ministry of Bangladesh
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Mulla Hindu Law by Dinshaw Fardunji Mulla
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3.2.1 Key Acts Governing Hindu Personal Law in India:

 The Hindu Marriage Act 1955;

 The Immature Children’s Property Act 1956;
 The Hindu Minority and Guardianship Act 1956;
 The Hindu Adoptions and Maintenance Act 1956;
 The Hindu Succession Act 1956; and
 The Special Marriage Act 1960

3.3 Legal Framework in Hindu Personal Law of Nepal:

Nepal's legal framework in Hindu personal law reflects a blend of traditional customs and
modern legislative measures. Hindu law in Nepal governs matters like marriage, divorce,
inheritance, and adoption, primarily guided by principles rooted in religious texts. Over
time, Nepal has modernized its approach to personal laws, especially with its transition
from a monarchy to a secular republic in 2008. Reforms were introduced to ensure
greater equality and align with international human rights standards. These laws aim to
balance respect for cultural heritage with evolving societal values 12.

3.3.1 Key Acts in Nepal’s Hindu Personal Law:

Muluki Ain (General Code) - The foundational legal code, covering aspects of personal
law, amended over time to reflect social progress.
Inheritance Act - Governs rules around property inheritance, including provisions for
gender equality.
Marriage Registration Act - Establishes legal standards for marriage registration,
ensuring formalized marital rights.
Divorce and Separation Act - Sets legal grounds and procedures for divorce and marital
dissolution.
Adoption Act - Regulates adoption practices, ensuring children's rights and welfare are
prioritized.

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The Muluki Civil Code, 2017
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3.4 Legal Framework in Hindu Personal Law of Bhutan:

Bhutan's legal framework concerning Hindu personal law is limited, as the country
follows a unified legal system primarily based on Buddhist principles and customary
laws. Hindu communities in Bhutan, though a minority, typically rely on local customs
for personal matters such as marriage, inheritance, and family relations. Bhutan’s
Constitution upholds cultural diversity, allowing communities some flexibility to practice
personal customs within the broader legal framework. While Hindu-specific laws are not
codified, Bhutanese laws are gradually evolving to address the needs of diverse groups
within the country. The legal system remains rooted in the guiding principles of social
harmony and equity13.

3.4.1 Key Legal Instruments Relevant to Personal Law in Bhutan:

The Constitution of Bhutan (2008) - Ensures cultural preservation and promotes harmony
among religious communities.
Marriage Act of Bhutan - Governs marriage and divorce for all citizens, with some
allowances for community-specific customs.
Inheritance and Succession Rules - General inheritance guidelines applicable to all
Bhutanese, accommodating certain customary practices.
Child Adoption Act - Regulates adoption practices, with child welfare as a primary focus.
Civil and Criminal Procedure Code - Provides overarching legal procedures, applicable in
personal law disputes.

13
Google and Chat GPT
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3.5 The Hindu Marriage Related Laws: Bangladesh Perspective

Hindu personal laws, which were created during the British era, are still in effect in
Bangladesh. Bangladesh has generally been quite successful in formulating legal
measures to combat social ills against women, for example, in areas like domestic
violence, violence against women and children generally, acid crimes, dowry, etc. Even
after gaining independence, Bangladesh has not significantly reformed Hindu personal
laws largely due to the sensitivity and complexity surrounding religious laws in a
multicultural society. Hindu personal laws, which cover issues like marriage, inheritance,
and divorce, are traditionally governed by religious customs. Since Bangladesh's Hindu
community is a minority, there has been a general reluctance from the government to
interfere, likely to avoid potential backlash or accusations of infringing on religious
freedoms. This is one area of law where Bangladesh is significantly lagging behind in
bringing the justice system in line with the demands of time. Additionally, there are
major issues around age, consent, and mental capacity in these laws remain largely
unaddressed, reflecting a gap in safeguarding individual rights14.

BANGLADESH only the ancient laws are applicable as after 1947 there has been no law
that has been enacted in Bangladesh except for The Registration of Hindu Marriage
Act, 2012.

 The Registration of Hindu Marriage Act, 2012.

 The Child Marriage Restrain Act, 2017

By The Registration of Hindu Marriage Act,2012, Bangladesh is only able to provide for
the optional registration of Hindu marriages, providing legal recognition, children’s
legitimacy and protections for couples0. And by The Child Marriage Restrain Act, 2017,
it
Ensures that the child marriages are prohibited and punishable.
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Mulla Hindu Law by Dinshaw Fardunji Mulla
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3.6 The Hindu Marriage Related Laws: India Perspective

In India, Hindu marriage-related laws are primarily governed by the Hindu Marriage Act
of 1955, which applies to Hindus, Jains, Sikhs, and Buddhists. This Act establishes the
legal framework for marriage, specifying conditions such as age, consent, prohibited
degrees of relationships, and mental capacity. It also outlines grounds for divorce,
judicial separation, and annulment, providing legal recourse in cases of cruelty, adultery,
desertion, and other marital issues. The Act emphasizes gender equality in rights and
obligations, and amendments over the years have strengthened provisions for women’s
rights, including alimony, maintenance, and custody. Additionally, the Special Marriage
Act of 1954 offers a secular option, allowing interfaith and inter-caste marriages without
renouncing one's religious identity15.

 The Hindu Marriage Act, 1955

 The Special Marriage Act, 1954

Here in India, The Hindu Marriage Act, 1955 is a significant piece of legislation that
governs marriages among Hindus, Buddhists, Jains, and Sikhs. It outlines various aspects
of marriage, including:

3.6.1 Conditions for Marriage16:

Monogamy: Both parties must be unmarried at the time of marriage.
Age: The bridegroom must be at least 21 years old, and the bride must be at least 18
years old.
Mental Capacity: Both parties must be mentally sound and capable of giving valid
consent.
Relationship: The parties must not be within the prohibited degrees of relationship (e.g.,
close relatives).
And lastly The Special Marriage Act, 1954 provides a secular, civil marriage for all
Indian citizens.

15
Mulla Hindu Law by Dinshaw Fardunji Mulla
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16
The Hindu Marriage Act, 1955

3.7 The Hindu Marriage Related Laws: Nepal Perspective

In Nepal, Hindu marriage laws are governed by the Muluki Civil Code, 2017, which
includes specific provisions related to marriage, divorce, and property rights within
Hindu marriages. While traditionally influenced by Hindu customs, the law now
promotes equality and prohibits discrimination based on caste, ethnicity, or gender. The
legal age for marriage is set at 20 for both men and women, ensuring consent and
maturity in marital unions. The code allows for divorce in cases of cruelty, desertion, and
adultery, among others, and provides both spouses with equal rights to ancestral property.
Importantly, the law emphasizes monogamy and penalizes bigamy, aligning Hindu
marital practices with broader legal principles of equality and justice in Nepal17.

 The Muluki Civil Code, 2017

3.8 The Hindu Marriage Related Laws: Bhutan Perspective

In Bhutan, Hindu marriages, like other marriages, are governed by The Marriage Act,
1980, which applies to all citizens regardless of religion. The Act mandates a minimum
marriage age of 18 for both men and women and emphasizes the importance of mutual
consent. While Bhutan’s marriage laws respect the country’s diverse religious customs,
including Hindu traditions, they enforce monogamy and prohibit polygamy and child
marriage. The law provides grounds for divorce, including incompatibility, cruelty, and
desertion, and supports equitable distribution of property upon divorce. This approach
reflects Bhutan’s focus on fairness, individual rights, and maintaining harmony across its
diverse cultural landscape, including for Hindu marriages18.

 The Marriage Act, 1980

17
The Muluki Civil Code, 2017
18
The Marriage Act, 1980
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3.9 The Hindu Maintenance Related Laws: Bangladesh Perspective

In Bangladesh, Hindu maintenance laws are primarily governed by the Hindu Women's
Right to Separate Residence and Maintenance Act of 1946. This Act enables Hindu
women to claim maintenance from their husbands under certain circumstances, such as
desertion, cruelty, or if the husband has taken an additional wife. While the law does not
provide equal rights to property inheritance for Hindu women compared to men, it does
ensure the right to financial support if a woman lives separately for justified reasons. This
law was enacted in British era, and yet there are no new laws or any reformation 19.

 The Hindu Women's Right to Separate Residence and Maintenance Act, 1946

3.10 The Hindu Maintenance Related Laws: India Perspective

In India, maintenance for Hindu women’s is primarily governed by the Hindu Adoptions
and Maintenance Act, 1956. This Act mandates that a Hindu husband must provide
financial support to his wife, even if they are separated, as long as she is not at fault (such
as being unfaithful). Additionally, a wife can claim maintenance if her husband neglects,
deserts her, or remarries. The Act also obliges parents and adult children to support each
other if needed. The amount of maintenance depends on the husband’s financial status
and lifestyle, ensuring fair support. This legal framework aims to provide financial
security for dependent family members within Hindu families20.

 The Hindu Adoptions and Maintenance Act, 1956

19
The Hindu Women's Right to Separate Residence and Maintenance Act, 1946
20
The Hindu Adoptions and Maintenance Act, 1956
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3.11 The Hindu Maintenance Related Laws: Nepal Perspective

In Nepal, maintenance in Hindu families is governed by the Muluki Civil Code, 2017,
which upholds the right to financial support within families. The law obligates a husband
to provide maintenance to his wife during marriage and separation, ensuring her basic
needs are met, especially in cases of neglect or desertion. It also entitles dependent
children and elderly parents to claim maintenance from the family’s main provider,
promoting financial responsibility within households. The Code considers factors like the
provider’s income and the family’s lifestyle when determining maintenance amounts,
ensuring fair support to dependent family members in line with Nepal’s commitment to
gender equality and family welfare21.

 The Muluki Civil Code, 2017

3.12 The Hindu Maintenance Related Laws: Bhutan Perspective

In Bhutan, maintenance in Hindu families, as in other communities, is governed by the

Marriage Act of 1980. This Act mandates that a husband provide financial support to his
wife and children, even in cases of separation, ensuring their well-being. The law also
requires that children care for their elderly parents, reflecting Bhutan’s emphasis on
family responsibility and support. Maintenance amounts are determined based on the
provider’s financial capacity and the needs of the dependents, ensuring fair and
reasonable support within families. This framework underscores Bhutan’s commitment to
ensuring financial stability and support for dependent family members, aligning with
broader principles of equity and familial duty22.

21
The Muluki Civil Code, 2017
22
Chat GPT
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3.13 The Hindu Divorce Related Laws: Bangladesh Perspective

In Bangladesh, there is no formal provision for divorce under Hindu personal law, as
traditional and Customary Hindu law does not recognize divorce. Consequently, Hindu
marriages in Bangladesh are typically indissoluble, and separation is usually managed
informally within families or communities. However, there have been calls for legal
reform to introduce divorce rights for Hindus in Bangladesh, especially to provide legal
recourse for women in cases of abandonment, cruelty, or abuse. While neighboring
countries have introduced divorce provisions in Hindu law, Bangladesh has yet to
formally address this issue, leaving Hindu couples with limited options for
legal separation23.

3.14 The Hindu Divorce Related Laws: India Perspective

In India, Hindu divorce laws are primarily governed by the Hindu Marriage Act of 1955,
which provides legal grounds for divorce, including cruelty, desertion, conversion,
mental disorder, and mutual consent. Under this Act, either spouse can file for divorce,
and if the petition is uncontested, the divorce can be granted after a six-month waiting
period. The law also addresses issues related to maintenance, child custody, and property
distribution upon divorce, ensuring that both parties' rights are considered. The Act
emphasizes the importance of protecting women's rights and promotes a more equitable
process for dissolution of marriage within Hindu families24.

23
Mulla Hindu Law by Dinshaw Fardunji Mulla
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Mulla Hindu Law by Dinshaw Fardunji Mulla
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3.15 The Hindu Divorce Related Laws: Nepal Perspective

In Nepal, Hindu divorce laws are governed by the Muluki Civil Code, 2017. The Code
recognizes both judicial and mutual consent as grounds for divorce. Grounds for judicial
divorce include cruelty, desertion, and impotency, while mutual consent requires a joint
petition from both spouses after a one-year separation. The law mandates the division of
property acquired during the marriage and ensures that both spouses have rights to
maintenance post-divorce. This framework aims to provide a fair and equitable process
for divorce, reflecting a shift towards gender equality and the protection of women’s
rights in marital relationships in Nepal25.

3.16 The Hindu Divorce Related Laws: Bhutan Perspective

In Bhutan, Hindu divorce laws are primarily governed by the Marriage Act of 1980,
which allows for divorce based on mutual consent or under specific grounds such as
cruelty, desertion, or incompatibility. The Act emphasizes the importance of consent in
the dissolution of marriage, requiring that both parties agree to the divorce if filed
mutually. In cases where one party does not consent, the aggrieved spouse can seek a
divorce through the courts. The law also addresses matters of property division and
maintenance, aiming to ensure a fair process and protect the rights of both spouses,
particularly women, in the context of divorce26.

25
Google
26
Google
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4. Research Findings:

1. The Hindu Personal Laws in Bangladesh have not been reformed or

modernized due to factors like socio-political sensitivity, resistance from
conservative community leaders, and lack of governmental prioritization. The
laws are traditionally based on religious customs, and attempts at reform have
often been met with concerns over altering religious identity. Additionally, the
relatively small Hindu population in Bangladesh has limited political influence,
which affects advocacy for legal changes.

2. Divorce laws for Hindus vary significantly across Bangladesh, India, Nepal,
and Bhutan. Bangladesh does not formally recognize divorce for Hindus,
relying on traditional practices that do not provide legal recourse, especially for
women facing abandonment or abuse. India, under the Hindu Marriage Act,
1955, permits divorce on grounds like cruelty, desertion, and mutual consent,
offering both spouses legal options for separation and property division.
Nepal’s Muluki Civil Code, 2017 allows divorce through mutual consent or
judicial grounds, including cruelty and desertion, with protections for women’s
property and maintenance rights post-divorce. In Bhutan, divorce is permitted
under the Marriage Act, 1980 for reasons like incompatibility or cruelty, and it
includes provisions for property division and maintenance, though it operates
within a unified legal system rather than Hindu-specific laws.
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5. Opinion:
From my point of view, In India the Hindu Marriage Act, 1955, governs Hindu
marriages, promoting gender equality by recognizing monogamy, giving rights to
divorce, and ensuring inheritance rights for women. This legislation marked a shift from
traditional Hindu customs to a more progressive framework. However, some social
practices like dowry and child marriage persist despite legal efforts. In Bangladesh there
is a need for harmonization and modernization of Hindu marriage laws, with a view to
protecting individuals' rights within marriage. Bangladesh, in particular, would benefit
from introducing provisions for divorce and mandatory registration, which would
enhance legal protections for women. Nepal and Bhutan’s model, with its unified civil
code that respects both religious traditions and individual rights, could serve as a guide
for other nations. Overall, a balanced approach that respects cultural values while
ensuring legal protections and gender equality would be ideal.

6. Conclusion

Hindu law, one of the world’s oldest legal systems, remains influential in Bangladesh,
India, Nepal, and Bhutan, though each country interprets and applies it differently. In
India, Hindu personal law has been codified and modernized post-independence, with the
Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 granting legal rights in
marriage, divorce, and inheritance, ensuring gender equality and legal protection for both
men and women. Nepal also reformed its Hindu laws under the Muluki Civil Code, 2017,
allowing divorce, property division, and maintenance, reflecting a shift towards gender
equality in marriage and family matters. Bangladesh, however, relies on pre-
independence customs, with few updates since the British colonial period. The Hindu
Marriage Registration Act, 2012 allows for optional marriage registration, but there are
no formal divorce rights or equal inheritance provisions, limiting legal protections,
especially for Hindu women. Bhutan, while without Hindu-specific codified laws,
integrates Hindu customs into its broader legal framework, based on Buddhist principles
of harmony and community welfare, with marriage and family matters governed by the
Marriage Act, 1980. Each country’s approach reflects a unique balance between tradition
and evolving social standards, highlighting areas for potential reform, particularly around
gender equality and legal safeguards.
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7. Bibliography

 Lecture Sheets of Aniqa Naorin

Lecturer of Law department at Southeast University
 Mulla Hindu Law in Bangladesh by Dinshaw Fardunji Mulla
 Hindu Law by B.M. Gandhi

8. Reference

 Lecture sheets, Aniqa Naorin, Lecturer, Dept. of Law

 Mulla Hindu Law in Bangladesh by Dinshaw Fardunji Mulla
 Hindu Law by B.M. Gandhi
 The Hindu Marriage Act, 1955
 The Muluki Civil Code, 2017
 The Marriage Act, 1980
 The Hindu Women's Right to Separate Residence and Maintenance Act, 1946
 The Hindu Adoptions and Maintenance Act, 1956
 Chat GPT
 Google