Parents Manner

 ALL religions of the world have laid great emphasis on the rights of parents and the duties of children towards them. According to Islamic teachings, to be obedient and to show kindness to parents has been enjoined in the Holy Quran in such a manner as to say that among the noble deeds, to obey parents, treat them respectfully and to show kindness to them is next to worshipping Almighty Allah. The Holy Quran says, "Your Lord has decreed that you worship none but Him, and that you be kind to parents. Whether one or both of them attain old age in thy life, say not to them a word of contempt, nor repel them, but address them in terms of honor." - Surah Al Isra (17:23).

According to Prophet Muhammad (peace be upon him), the parents of a certain person arehis Heaven or Hell. What this means is that if a person obeys his parents, attends to their needs and keeps them happy and comfortable, he will attain Paradise. On the other hand, if he is disrespectful and rude to them, offends them by ignoring their needs and feelings or causes them grief in any manner, his place shall be in Hell. In modern times, a trend has arisen whereby when parents come to be seen as a liability because of old age and physical weakness. They are then sent to 'old people's homes'.

But the stricture ordained by Islam makes it clear that shrugging off the responsibility of old parents serves as an invitation to Hell. Both the father and mother are equal when it comes to caring for them and providing them all possible physical comforts and mental peace. The time that the parents need to be looked after most, is in their old age. To serve them devotedly at that stage of their lives is the best way of pleasing Almighty Allah. It is also one of the easiest ways of attaining Paradise. Abu Hurairah, a companion of the holy Prophet, has said that "a person is indeed disgraced, who does not earn Paradise by caring for his parents during the life time and old age of his/her parents".

A person once asked the holy Prophet, "Who has the greatest claim on me with regard to service and kind treatment?" The Holy Prophet replied, "Your mother and again your mother and once again your mother. After her is the claim of your father, then that of your near relatives, and then of the relations next to them". This shows that the claim of a mother is greater than a father over the care that you endow upon them in their old age. Serving and obeying parents is a matter of give and take. Those who treat and obey their parents can rest assured that their children will also show kindness and compassion to them. Respecting and caring the parents is a virtue of the highest order that continues to transcend generation after generation.

Asma bint Abu Bakr relates that her mother had come from Makkah to Madinah to meet her. Her mother was not a Muslim and followed pagan tribal customs and beliefs. Asma enquired from the holy Prophet how she was supposed to treat her. The holy Prophet told her to be kind and considerate and to behave towards her as was a mother's due from a daughter. Obeying one's parents and treating them with respect and affection is a great virtue and it serves as repentence for a person's sins. Similarly, to ask Almighty Allah to have mercy on them after death is an act that brings them comfort in their graves. It is the duty of sons and daughters to pray for the forgiveness of their parents after their death and treat their relatives and friends with due respect. In the Holy Quran, Muslims have been urged to pray for the salvation of their parents as shown in the following verse: "And say, My Lord, Have mercy on both of them as they cared for me when I was little".

The holy Prophet has said that to abuse one's parents is a major sin. So much so that if a person abuses someone else's parents and that person, in retaliation, abuses his parents, then it is as though he himself has abused his parents. On another occasion, when asked about the major sins, the holy Prophet replied, "To associate someone with Almighty God, to disobey parents, to kill unlawfully, and to give false evidence".

In the light of the Holy Quran and holy Prophet's sayings, one can understand that the respect for parents occupies a special place in the moral and social teachings of Islam. -

ক্যাপশন যুক্ত করুন

Maintenance

The concept of ‘maintenance’ in India is covered both under Section 125 of the Code of Criminal Procedure, 1973 (Section 125) and the personal laws. This concept further stems from Article 15(3) reinforced by Article 39 of the Constitution of India, 1950 (the 'Constitution'). Under Indian law, the term ‘maintenance’ includes an entitlement to food, clothing and shelter, being typically available to the wife, children and parents. It is a measure of social justice and an outcome of the natural duty of a man to maintain his wife, children and parents, when they are unable to maintain themselves.1 The object of maintenance is to prevent immorality and destitution and ameliorate the economic condition of women and children.

Application:-

This Act applies to Hindus and all those considered under the umbrella term of Hindus, which includes:

1.a Hindu by religion in any of its forms or development;

2.a Buddhist, Jain or Sikh;

3.a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs;

4.a child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up;

5.an abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc.; and

6.a convert to the Hindu, Buddhist, Jain or Sikh religion.

 Maintenance of wife.-

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance-

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or willfully neglecting her.

(b) if has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injuries to live with her husband.

(c) if he is suffering from a virulent form of leprosy.

(d) if he has any other wife living.

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere.

(f) if he has ceased to be a Hindu by conversion to another religion.

(g) if there is any other cause justifying living separately.

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

Amount of maintenance.-

(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the court shall have due regard to the considerations set out sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be award to a wife, children or aged or infirm parents under this Act, regard shall be had to –

(a) the position and status of the parties.

(b) the reasonable wants of the claimant

(c) if the claimant is living separately, whether the claimant is justified in doing so,

(d) the value of the claimant’s property and any income derived from such property, or from the claimants.

(e) the number of persons entitled to maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to –

(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to –

(a) the net value of the estate of the deceased after providing for the payment of his debts.

(b) the provisions, if any, made under a will of the deceased in respect of the dependant.

(c) the degree of relationship between the two.

(d) the reasonable wants of the dependants.

(e) the past relations between the dependant and the deceased.

(f) the value of the property of the dependant and any income derived from such property, or from his or her earnings or from any other source.

(g) the number of dependants entitled to maintenance under this Act.

Stridhan

The word ''Stridhan ' is, derived from the words "stri " meaning woman and "dhana "meaning property. Essentially a word and concept, which comes down centuries from the Hindu smritis but has today, permeated all forms of marriages in all castes and religions.

The existence of Stridhan is an ingrained part of Indian culture from times of yore. As male dominated as the society may be, the existence of the custom of 'bride price' indicates that women understood the importance of financial independence and safeguarding their interests long before the feminist movement made it popular to do so.

Mitakshara II ix, 2 defines that stridhan means woman’s property. In the entire history of Hindu Law, woman’s rights to hold and dispose of property has been recognized.

The Dayabhaga School doesn’t recognize gifts of immovable property by husband as stridhan (Banerjee, Hindu Law of Marrriage and Stridhan, Pg 321).

Under all the schools of Hindu Law payments made to a Hindu female in lump sum or periodically for her maintenance and all the arrears of such maintenance constitute stridhan. Similarly, all movable or immovable properties transferred to her by way of an absolute gift in lieu of maintenance constitute her stridhan.

A full bench in Vinod Kumar Sethi v. State of Punjab AIR 1982 P& H 372 held that dowry and traditional presents made to a wife at the time of the marriage constitute her stridhan.

Under Hindu sucession Act, there is no distinction between the gifts received by her from relatives or strangers and at any stage of her life, and all gifts that she receives will be her absolute property. Ornaments received by her at the time of her marriage are ordinarily her stridhan property.

Section 27 of the Hindu Marriage Act, 1955 says that in any proceeding under this Act, the Court may make such provisions in the decree as it thinks just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. Refusal by husband to return the gift items given to wife at the time of marriage makes the husband liable for prosecution. The section does not bar the right of the aggrieved person to file criminal complaint under Section 406 I.P.C., if property belonging to the complainant is criminally misappropriated by the accused. The section empowers a Court while deciding a matrimonial dispute to also pass a decree in respect of property, which may jointly belong to both the husband and wife. This section at best provides a civil remedy to an aggrieved wife and does not in any way take away her right to file a criminal complaint if the property belonging to her is criminally misappropriated by her husband.

The gifts made to the girl before, during and after the marriage by the father, mother and brother present-in-law of the girl are the part of the Stridhan. Section 27 and Section 14 of the Hindu Succession Act do not abolish the concept of Stridhan. She is the absolute owner of such properties and can deal with it in any manner she likes. The husband has no right or interest in it, except that in the lines of extreme distress as in illness etc. Though the husband can utilize it but he is bound to restore it when he is able to do so. When husband refuses to return Stridhan property of wife, she can take recourse to above provisions to recover the same. These provisions provide alternate remedy to the wife apart from criminal proceedings under Section 406 of the indian penal code.

Conditions  Name	Gift	Will
I. As to completion:	Gift is completed during the life time of the donor.	Will is aecuted after the death of the testator.
II. As to condition:	Gift is operated immediately	Will is dependent upon a condition i.e. the death of the testator.
III. As to revocation:	Gift after the delivery of the possession is usually irrevocable.	Will can be revoked at any time before the death of testator.
IV. As to limitation:	In gift the right of donor to gift is unrestricted.	In will the right of making a will is limited in two ways.
V. As to existence of subject matter:	The subject of gift must be in existence at the time of making gift.	It is not necessary that subject matter of the will must be exist at the time of making will
VI. As to delivery of possession:	In a gift there must be delivery of the possession of the property to the donee.	Delivery of possession is not required in the will.
VII. As to doctrine of mushaa:	The doctrine of Mushaa is applicable in case of gift.	The doctrine of Mushaa has no application in case of will.
VIII. As to acceptance:	In gift acceptance by the legatee in necessary.	In will acceptance by the legatee in not necessary.
IX. As to registration:	Gift must be registered under the registration act.	Registration of will is optional.
X. As to insanity:	Gift after the delivery of the possession is irrevocable on the ground of insanity.	The subsequent insanity of the testator makes the will void.

                            !!!!!!!!!! JOINTE FAMILY!!!!!!!!!

Difference between Dayabhaga and Mitakshara in Hindu LaW-

Introduction :The term “Dayabhaga” is derived from a similarly named text written by Jimutavahana. The term-, “Mitakshara” is derived from the name of a commentary written by Vijnaneswara, on the Yajnavalkya Smriti. The Dayabhaga and The Mitakshara are the two schools of lawthat govern the law of succession of the Hindu Undivided Family under Indian Law. The Dayabhaga School of law is observed in Bengal and Assam. In all other parts of India the Mitakshara School of law is observed. The Mitakshara School of law is subdivided into the Benares, the Mithila, the Maharashtra and the Dravida schools.

The differences between the Dayabhaga and the Mitakshara schools of law may be categorized under the following:-

I] Joint Family: – According to the Mitakshara law school a joint family refers only to the male member of a family and extends to include his son, grandson and great-grandson. They collectively have co-ownership/Coparcenary in the Joint Family.Thus a son by birth acquires an interest in the ancestral property of the joint family. Under the Dayabhaga law school the son has no automatic ownership right by birth but acquires it on the demise of his father.

In the Mitakshara school the father’s power over the property is qualified by the equal rights by birth enjoyed by a son, a grandson and a great grand -son. An adult son can demand partition during his father’s lifetime or his three immediate ancestors.  He has a say in the disposition of the family property and can oppose any unauthorized disposition of ancestral or family property .This is not possible under the Dayabhaga school as the father has overall and uncontrolled power over the family property till death.

2] Coparcenary/Co-ownership:-Under the Mitakshara law school all the members of the Joint family enjoy coparcenary rights during the father’s lifetime. Under Dayabhaga School when the father is alive the sons do not have coparcenary rights but acquire it on the death of the father. In the Mitakshara School the coparcener’s share is not defined and cannot be disposed. In the Dayabhaga the share of each Coparcener is defined and can be disposed.

3] Partition: – While both the Mitakshara and the Dayabhaga schools hold that the true test of partition is in the intention to separate the manifestation of this intention is different in each of the schools.  In the case of the Mitakshara School the intention involves holding the property in defined definite shares while in the Dayabhaga School there has to be a physical separation of the property into specific portions and assigning of separate share to each coparcener.

 In the Mitakshara system none of the members of the coparceners can claim a definite physical share of the joint property. So partition in this system involves in ascertaining and defining the share of the coparcener i.e.  In the numerical division of the property. In the Dayabhaga system each of the coparcener has a definite share in the joint family property even though the family is joint and undivided and the possession is common. So partition in this system involves the physical separation of the joint property into the separate shares of the coparceners and assigning to each of the coparceners the specific portion of the property.

4] Rights of Woman: – In the Mitakshara system the wife cannot demand partition. She however has the right to a share in any partition affected between her husband and her sons. Under the Dayabhaga this right does not exist for the women because the sons cannot demand partition as the father is the absolute owner.

In both the systems, in any partition among the sons, the mother is entitled to a share equal to that of a son. Similarly when a son dies before partition leaving the mother as his heir, the mother is entitled to a share of her deceased son as well as share in her own right when there is a partition between the remaining sons.

Conclusion: – The Mitakshara system is Conservative. It provides good security in times of difficulties as a member can rely on the joint family. However sometimes a member can become a parasite. The Dayabhaga system is more liberal. Among the two the Dayabhaga is more likely to last in modern times with the growth of individualism, individual enterprise and economic compulsions.