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Day 19 at Padala Rama Reddi Law College 3Y LLB

·5397 words·26 mins
PRRLC Law School Contracts Family Law Law of Torts Orientation Osmania University LLB 3YDC Semester 1
Prithvi Raj Kunapareddi
Author
Prithvi Raj Kunapareddi
Solving problems for things I care about.

Class Notes - 19th October, Saturday, 2024
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These notes cover the classes held on Saturday, 19th October 2024, for LLB 3Y students at Padala Rama Reddi Law College, covering Contracts - 1, Law of Torts, Orientation, and Family Law - 1. Notes may contain inaccuracies; please use discretion.

With the exception of Constitutional Law - 1, all other classes were conducted. A special orientation session by Dr. Sridevi was conducted in lieu of Constitutional Law - 1.

Contracts - 1
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Faculty: Dr. Radha Kumari

Offer and Acceptance
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Offer/Proposal
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  • For an agreement to be valid, there must be two parties: one party makes an offer (or proposal), and the other party accepts it. The terms of the offer must be clear, definite, and laid down with certainty.
  • Section 2(a) of the Indian Contract Act defines a proposal as a statement by which the person making the offer, known as the offeror (or promisor), proposes something to the other party, known as the offeree (or promisee).
    • Note: English law uses the term ‘offer,’ while Indian law uses the term ‘proposal.’ In exams, use the same term used in the question. Both are one and the same.

Legal Rules Relating to an Offer #

  • An offer may be express (clearly stated verbally or in writing) or implied (inferred from actions or circumstances).

  • Offers can be classified into general offers or specific offers:

    • General Offer:

      • A general offer is made to the public at large and can be accepted by anyone who fulfills the conditions.
      • Carlill v. Carbolic Smoke Ball Co. (1893):
        • Facts: The company advertised that it would pay £100 to anyone who used its smoke ball product as directed and still contracted the influenza. Mrs. Carlill followed the instructions and still got sick, so she claimed the reward.
        • Held: The court ruled that this was a valid unilateral offer to the public. By using the product, Mrs. Carlill had accepted the offer, and the company was bound to pay her. The court considered the advertisement’s terms clear and definite, making it legally binding.
        • Significance: This case established that advertisements can be legally binding offers if they include specific terms and conditions.

    • Invitation to Offer vs. Offer:

      • An invitation to offer is not the same as an offer. It is simply a preliminary communication to encourage offers from others. It does not create any rights or obligations until an actual offer is made and accepted.
      • Examples of invitations to offer include:
        • Scholarship Announcements: A college’s announcement of a scholarship examination is not an offer but an invitation to apply.
        • Advertisements for Auctions: An advertisement about an auction does not bind the auctioneer to hold the sale or sell specific items.
          • Harris v. Nickerson (1873):
            • Facts: An auctioneer advertised an auction but later canceled it. Harris, who traveled to attend the auction, incurred expenses and sued for compensation.
            • Held: The court ruled that the advertisement was an invitation to treat (an invitation to make an offer) and not a binding offer. Thus, Harris could not claim damages for his expenses.
            • Significance: This case clarified that advertisements for auctions are not binding offers but merely invitations to offer.
        • Displaying Goods in Stores:
          • Pharmaceutical Society of Great Britain v. Boots Cash Chemists Ltd (1952):
            • Facts: The case revolved around whether displaying medicines on the shelves in a self-service pharmacy constituted an offer.
            • Held: The court ruled that the display of goods was merely an invitation to treat, and the contract was formed only when the customer presented the item at the cashier and the cashier accepted the payment.
            • Significance: It established that selecting an item in a store does not constitute an offer, but taking it to the cashier does.
        • Voluntary Retirement Schemes:
          • Bank of India v. Swarnkar (2002):
            • Facts: An employee applied for voluntary retirement under a scheme announced by a nationalized bank, but the bank later refused to accept his application.
            • Held: The court held that the scheme was an invitation to offer and not an actual offer. The bank was not obligated to accept every application.
            • Significance: This case differentiated between an invitation to offer and a valid offer, emphasizing that an invitation does not create a binding obligation.

    • Specific Offer:

      • A specific offer is made to a particular person or group and can only be accepted by the specified party. For example, an offer to sell a car to a particular individual is a specific offer.

  • Offer Must Give Rise to a Legal Relationship:

    • An offer must be capable of being accepted and intended to create a legal relationship. Offers that are vague, impossible, or made in jest cannot form a binding agreement.
    • Example of an Impossible Offer: If A promises B ₹1 crore if B can run at a speed of 100 kmph, this is not a valid offer because it is impossible to perform.

  • Definiteness of Terms:

    • The terms of an offer must be clear, definite, and certain. Vague or ambiguous terms can render an agreement invalid.
    • Privity of Contract: Only the parties directly involved in an offer can accept or reject it. This means that the agreement only creates rights and obligations between the offeror and the offeree.

Acceptance
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  • Acceptance must be absolute and unconditional, matching the terms of the offer exactly.
  • Acceptance must follow the prescribed mode, if any, and must be communicated to the offeror to form a binding agreement.

Communication of Offer and Acceptance
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  • The communication of an offer or acceptance can be through verbal, written, or electronic means.
  • The timing of communication is crucial in determining when a contract is formed, especially when dealing with offers that may have deadlines or expiry dates.
  • Lalman Shukla v. Gauri Dutt (1913):
    • Facts: A master sent his servant to search for a lost nephew. After the servant had left, the master announced a reward for anyone who found the nephew. The servant, unaware of the announcement, found the boy and later learned of the reward from a neighbour and claimed the reward.
    • Held: The court ruled that since the servant was unaware of the offer when he found the boy, he could not accept it, and therefore, he was not entitled to the reward.
    • Significance: This case illustrates the necessity of communication of an offer for it to be validly accepted. An offer must be known to the offeree at the time of acceptance for it to be legally binding.

Methods of Agreement
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  • Contracts can be agreed upon through mutual negotiation or by accepting the terms of a standard form contract, such as those used in insurance policies or online agreements.

  • Promissory Estoppel:

    • Definition: This legal principle prevents a party from withdrawing a promise if the other party has reasonably relied on that promise to their detriment.
    • Example: If an employer promises a pension to an employee upon retirement and the employee retires based on that promise, the employer cannot later refuse to pay the pension.
    • Amaravati Case: A recent example of promissory estoppel in Indian law, where promises made by the government to investors were held to be enforceable, preventing the government from reneging on those promises.

Legal Terminology for Cases #

  • Civil Cases:
    • Terms like plaintiff (the one bringing the case) and defendant (the one being sued) are used.
  • Matrimonial Cases:
    • Terms like petitioner (initiating the case) and respondent (responding to the petition) are used.
  • Criminal Cases:
    • Are filed as State vs. Accused, reflecting that crimes are considered offenses against society as a whole.

Special Orientation Session
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Faculty: Dr. Sridevi

Dr. Sridevi conducted an insightful session on the practical application of law, highlighting how legal concepts are deeply woven into everyday life. Her engaging approach emphasized the importance of understanding law from a personal perspective, making it easier to relate to legal principles in real-life situations. I thoroughly enjoyed the session and gained great insights, her voice modulation, expert command over law are worth learning from.

Key Takeaways:
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Law is Everywhere
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  • Dr. Sridevi began the session by urging participants to think of law from a personal perspective:
    • “Start with I”: Understanding law begins when one thinks about it personally. If you relate to it directly, you are more likely to understand its relevance.
    • She posed a thought-provoking question: “Have you come across the word law in your daily life?”
    • Her message was clear: Law is everywhere. It is present whenever there is a right.

Right = Law
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  • Wherever a person has a right, law automatically comes into play. This connection between rights and law forms the foundation of legal systems. The presence of law ensures that rights are protected and duties are enforced.

Law as a Code of Conduct
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  • Law serves as a code of conduct that governs how individuals behave and interact in society.
  • Conduct: Defined as how one behaves or acts in society, law regulates these actions.
  • Law Depends on Our Acts: The type of action determines the legal implications:
    • If someone causes a monetary loss to another, it results in civil liability.
    • If someone’s actions cause harm to another person, it constitutes criminal liability.

The Role of Advocates
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  • Court Cases: Most cases reach court because the parties involved believe they are in the right. However, right and wrong are not absolute in a legal context—only the judge’s decision is final.
  • The role of an advocate is pivotal in this process:
    • An advocate’s primary responsibility is to convince the court that their client is in the right.
    • Advocates must gather and present evidence to support their client’s case, as evidence is crucial for the court to reach a decision.
    • Dr. Sridevi emphasized that being a successful advocate requires the ability to present a compelling argument backed by facts and precedents.

Importance of Cross-Examination
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  • Dr. Sridevi stressed the art of cross-examination, highlighting that:
    • A good advocate should never accept the facts presented by the opposing side. It is essential to question and challenge these facts thoroughly.
    • Effective cross-examination requires thinking from the opposite perspective to identify weaknesses in the opposing counsel’s case.
    • Spontaneity is a key skill during cross-examination, enabling advocates to respond to new information quickly.
  • Drawing a humorous analogy, she compared mothers and wives to skilled advocates, as they excel at asking probing questions and challenging responses.
  • The goal of cross-examination is to bring out hidden facts and details that could turn the case in favor of the client.

Legal Films for Reference #

  • Dr. Sridevi recommended watching legal dramas like Jolly LLB 2 and Drushyam to understand courtroom dynamics. These films portray the complexities of legal proceedings and the role of advocacy in a courtroom setting.

Substantive Law
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  • Substantive Law refers to the body of laws that define rights and duties, such as crimes and civil rights. Advocates must ensure that cases are pursued according to the correct substantive laws to be legally enforceable.
  • Some key substantive laws mentioned include:
    • Indian Penal Code (IPC): The primary criminal law statute in India, defining crimes and punishments.
    • Indian Contract Act 1872: Known as the mother of all civil laws, this act lays the foundation for civil obligations and is the basis for many other civil laws.
    • Hindu Marriage Act 1955: Governs marriage and divorce among Hindus in India.
    • Transfer of Property Act: Deals with the transfer of property, both movable and immovable.
    • Stamps Act: Regulates the stamp duties on various legal documents.

Legal Systems and Procedures #

  • Dr. Sridevi elaborated on different legal procedures:
    • Juvenile Offenders: Refers to minors who commit offenses. Their cases are handled differently from adult cases, often focusing on rehabilitation.
    • Civil Cases: In civil matters, terms like plaintiff vs. defendant are used.
    • Matrimonial Cases: Often involve disputes between a petitioner (one who initiates the case) and a respondent.
    • Criminal Cases: Are brought by the state against the accused, reflecting the public nature of criminal offenses.
    • If a person’s age is in question and no documentation is available, the court can order an ossification test to estimate the age based on bone maturity, with a standard practice of subtracting 2 years from the results.

Practical Insights on Civil Law in India
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  • Civil matters dominate the Indian judicial landscape, and thus specialized courts like Family Courts, Consumer Forums, Labour Courts, Debt Recovery Tribunals, and Revenue Courts (dealing with agricultural land issues) have been established.
  • Despite these specialized courts, civil litigation is often slow, with cases dragging on for years, sometimes spanning multiple generations.
  • Dr. Sridevi pointed out that many civil cases involve property disputes among siblings, particularly between brothers over ancestral property.
    • Self-acquired Property: A person has full rights over self-acquired property and can transfer it as they wish.
    • Ancestral Property: Must follow succession laws, which govern the inheritance rights among family members.

Challenges in Practicing Law
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  • Dr. Sridevi emphasized that success in the legal profession is based on skill, practice, and experience rather than academic achievements.
    • LLB Marks: High academic scores do not guarantee success in court; rather, the ability to argue persuasively is what matters. No red carpets are laid out for gold medalists in a courtroom.
    • Advocates must continuously practice and refine their skills to become effective in citing precedents and using case law to support their arguments.
  • She concluded with the reminder that wherever there is a right, there is law, and to enforce that right, substantial evidence is essential.

Finally, one ought to remember that the opposing counsel is not one that is from somewhere, she is the person sitting right next to you today. Dr Sridevi conducted another session about a month ago, you can read about that here.

Law of Torts
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Faculty: Dr. Pavani

Unit-I: Nature of Law of Torts
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Law is a body of rules put in force for maintaining law and order. The state should recognize them. Law comes from the people.

  1. Nature of Law of Torts: Torts are civil wrongs that cause harm or loss, leading to legal liability for the person committing the wrongful act. The purpose of tort law is to provide relief to the injured party by awarding damages and to deter others from committing similar offenses.

    • The origins of tort law trace back to ancient Italy but became more structured in England during the medieval period through the development of the common law system.

    • This branch of law addresses situations where a wrongdoer violates the legal rights of another person. The law imposes a duty on individuals to respect the rights of others in society. Breaching this duty results in a wrongful act that can be recognized under the law of torts.

    • The law of torts in England evolved through a complex system of forms of action, which were specific legal procedures for different types of claims (e.g., trespass, defamation). These forms of action were later replaced by a more flexible system of remedies.

    The nature of tort law can be explained and observed in the following points:

    1. Tort is a civil wrong: The basic nature of a civil wrong is different from a criminal wrong. In a civil case, the injured party (plaintiff) initiates legal proceedings against the wrongdoer (defendant). The primary remedy is compensation (damages) for the harm suffered. In contrast, criminal wrongs involve the state prosecuting the accused, and penalties can include imprisonment or fines. However, some acts can result in both civil and criminal liability, allowing for compensation as well as punishment.

    2. Tort is distinct from breach of contract or breach of trust: A tort arises independently of any contract or trust relationship between the parties. While a breach of contract involves the failure to fulfill contractual obligations, a tort typically involves violating a duty imposed by law.

    3. Tort is redressable by an action for unliquidated damages: Unlike contract claims where damages may be pre-determined (liquidated), tort claims seek compensation that the court decides based on the nature and extent of the harm caused.

  2. Definition of Tort: A tort is a civil wrong, other than a breach of contract, for which the remedy is a common law action for unliquidated damages. It is an act or omission that infringes the rights of another person, leading to legal consequences.

    • Other definitions:

      • Common Law Procedure Act 1852: This act is more focused on procedural reforms rather than defining torts directly, but it recognized tort actions as “a wrong independent of contract.”

      • Fraser: “A tort is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the individual party.”

      • Underhill: “A tort is an act or omission which is unauthorized by law and independent of contract:

        • i) Infringes either:
          • a) Some absolute right of another.
          • b) Some qualified right of another causing damage.
          • c) Or some public right resulting in some substantial or particular damage to some person beyond that which is suffered by the public generally.
        • ii) Gives rise to action for damages at the suit of the injured party.”

      • Salmond: “It is a civil wrong for which the remedy is a common law action for unliquidated damages, which is not exclusively the breach of a contract or breach of trust or other merely equitable obligations.”

      • Winfield: “Tortious liability arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally, and its breach is redressable by an action for unliquidated damages.”

        • In this context, “law” can refer to natural justice principles or societal norms.
        • “Persons generally” means that the duty applies universally, towards all members of society.
        • “Unliquidated damages” implies that the compensation is not pre-determined but decided by the court based on the circumstances of each case.

      • The definitions by Salmond and Winfield are particularly influential in shaping modern tort law and are often cited in legal literature. The definition by Winfield is considered a broader definition and has been accepted by future generations.

Development of Law of Torts in England and India
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The Law of Torts evolved from the common law system in England and was later applied in India. The principles of tort law, which developed over centuries in England, were adapted to Indian conditions through judicial decisions and case law.

Common Law
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  • Common Law: Common law refers to a body of law that is developed through judicial decisions and interpretations rather than through written statutes or legislation. It is often called “judge-made law” because judges create precedents through their rulings, which then guide future cases. Common law forms the basis for the law of torts, providing the substantive principles that determine what constitutes a tort and the legal remedies available.
  • Precedent: A precedent is a legal decision made in a previous case that serves as an authoritative guide for deciding similar cases in the future. Courts often use precedents to ensure consistency and fairness in the application of law. Precedents are especially significant in common law jurisdictions, where the decisions of higher courts are binding on lower courts.
  • Natural Right and Natural Justice: The idea of natural rights suggests that certain rights are inherent to all human beings, such as the right to life, liberty, and property. This concept is linked to natural justice, which emphasizes fairness, equity, and the moral rights of individuals in legal proceedings. Natural justice ensures that everyone receives a fair hearing and that legal processes are just and unbiased.

Writs and Actions
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  • Writ: In early English law, a writ was a formal written order issued in the name of the king, directing a person to perform or refrain from performing a specified act. It was a means of starting legal action and was essential in medieval English courts. Writs were foundational to the development of the legal system and provided a mechanism for individuals to seek justice.

    • Action on Trespass: This is a legal action taken for direct, unauthorized interference with another person’s property or person.
      • Trespass upon land: Occurs when someone enters another’s land without permission. For example, walking onto someone’s private property without the owner’s consent.
      • Trespass upon property: Involves interference with movable or immovable property, such as damaging someone’s car or house.
      • Trespass upon person: Includes acts like assault or battery, where an individual’s physical body is interfered with directly.
      • A unique aspect of trespass is that no proof of actual damage is needed to bring a claim, as it is considered a direct wrong. The person filing the claim must have a legal right to the land or property to object to the trespass.
    • Action on Trespass on the Case: This action is taken when harm results indirectly from someone’s actions, rather than direct interference. It is considered actionable per se, meaning that even without proof of specific damage, the wrongful act itself is enough to bring a claim.

  • Officina Brivium: Also known as the “Writ Shop,” this was a place where legal writs were issued in medieval England. It served as a center for resolving legal disputes by allowing individuals to initiate lawsuits through these writs.

Principles of Justice
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  • Ubi remedium ibi jus: This Latin phrase means “where there is a remedy, there is justice.” It emphasizes the idea that for every legal wrong, there should be a way to correct it through legal means.
  • Ubi jus ibi remedium: This means “where there is a right, there must be a remedy.” It suggests that if a person has a legal right that is violated, there must be a legal remedy available to address the violation.
  • Action on Assumpsit: This refers to a legal action taken for failure to perform an obligation or promise. It became an important part of contract law and allowed individuals to sue for the breach of promises or agreements.

Important Cases in England
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  • SCM UK Ltd v. Whittal and Sons (1971):

    • In this case, SCM UK Ltd suffered a loss of electricity for 7 hours without any prior notice, which caused a significant inconvenience.
    • The court ruled that the company was entitled to compensation for the inconvenience caused by the power interruption. This case underscores the importance of providing notice for actions that could disrupt services or cause harm.

  • Grant v. Australian Knitting Mill Company (1936):

    • The plaintiff purchased underwear from the Australian Knitting Mill Company and developed a skin disease after wearing it.
    • The court found that the plaintiff was particularly sensitive to the fabric and that the company could not have reasonably foreseen such a reaction. Hence, the plaintiff was not entitled to damages. This case illustrates the principle that there must be a direct link between a product’s defect and the injury suffered for liability to arise.

  • Collin v. Reinson (1754):

    • A person placed a ladder against a wall without the owner’s permission and refused to come down when asked by the wall’s owner.
    • The owner, in an attempt to remove the trespasser, shook the ladder, causing the person to fall and get injured.
    • The court awarded damages to the person who fell, noting that the owner’s actions were excessive. The case highlights that even when dealing with a trespasser, using disproportionate force can result in liability.

Cases in India
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  • After independence, India adopted principles from English law, including the law of torts. The Law Commission of India made recommendations for legislation on issues like the liability of the government for torts committed by its servants.
  • Indian courts have adapted English rules to suit the unique social and economic conditions of the country, reflecting the changing needs of modern India.

Challenges in the Development of Torts in India
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  • Lack of Consciousness: Many individuals are unaware of their rights under the law of torts, leading to fewer cases being filed for compensation.

  • High Cost of Litigation: The expenses involved in pursuing a tort case can be high, which deters many people from seeking legal recourse.

  • Undue Delay: The judicial system in India is often slow, causing delays in resolving tort cases.

    • Mrs. Shyam Sundar v. State of Rajasthan (AIR 1974):
      • A widow had to pursue her case from the Trial Court to the Supreme Court to receive Rs 15,000 as compensation, highlighting the difficulties and delays in the legal system.

  • Attitude of the Courts: Indian courts sometimes show reluctance in awarding damages in tort cases, which discourages claims.

    • Vishnu Dutt v. Board of Higher Secondary Education (AIR 1981):
      • A student was wrongly barred from taking exams due to an error in calculating attendance.
      • The court later awarded compensation for the loss of one academic year, recognizing the impact of the Board’s mistake on the student’s life.

  • Low Damages Awarded: Compensation in Indian tort cases is often lower than in other countries, making it less attractive for claimants to pursue legal action.

    • Subhash Chandra v. Ram Singh (AIR 1972):
      • A minor suffered permanent disability at the age of 7.
      • The trial court awarded Rs 3,000 and the High Court increased the amount to Rs 7,500, which is relatively low given the lifelong impact of the injury.

  • Modern Challenges: With urbanization, industrialization, and advances in science, new types of torts have emerged, such as environmental torts.

    • Bhopal Gas Tragedy: This is a significant case in India where an industrial accident caused widespread environmental and health damage. It highlighted the need for strong tort law and accountability for industrial negligence.

  • Rural Influence: In rural areas, disputes are often resolved through Panchayat Systems and community leaders, reducing the reliance on formal courts for resolving tort claims.

  • Non-Codification of Law of Torts: Unlike many other areas of law, tort law in India is not codified, meaning that there is no single statute that governs torts. Instead, the courts rely on judicial precedents and interpretations.

Tort Distinguished from Crime and Breach of Contract
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No. Aspect Tort Crime
1 Duty Source The duty is fixed by the operation of law. Duty is fixed by the state.
2 Duty Direction The duty is towards the public generally. The duty is to the whole community.
3 Rights Affected Infringement or privation of civil rights of an individual considered as an individual. Breach of public rights and duties affecting the community as a whole. Considered as a community
4 Arising Cause Arises out of liability independent of any personal obligation, enactments under a contract. The duty arises on account of statutory enactments.
5 Consent Not based upon consent; inflicted against consent. It is not based on consent.
6 Privity There is no privity between the parties. There is no privity between the parties.
7 Right Breach Breach of a right in rem (a right enforceable against the world). Breach of right against the whole world.
8 Consequence Wrongdoer compensates the aggrieved party according to the tort’s magnitude and nature. Offender is punished by the state (e.g., fine or imprisonment).
9 Motive Motive is rarely considered. Motive is often considered in determining the punishment’s severity.
10 Proceedings Action is raised by the injured party. Proceedings are conducted in the name of the state.
11 Type of Duty Breach Involves a breach of private duty. Involves a public wrong.
12 Negligence Mere negligence may result in tortious liability. Negligence with criminal intent amounts to a crime.

Family Law - 1 (Hindu Law)
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Faculty: Dr. Sriveni

Unit-II:
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  • Marriage

    • Early man lived like a barbarian. Invented fire. Sexual relations were within the tribe. Multiple men with one woman, paternity was usually unknown.
    • Some relations were prohibited such as father and daughter, brother and sister, etc.
    • Eventually, the relations within the tribe were prohibited, and only relations outside the tribe were permitted.
    • Eventually, paternity was to be ascertained, and men enforced the institution of marriage and forbade adultery. Adultery was punished.
    • For a marriage to be a sacrament:
      • A permanent union
      • An eternal union
      • A holy union
    • Marriage today is both a contract and a sacrament.
    • Manu states that once a marriage is fixed, the bride’s father can cancel the marriage in case of a better suitor being found. Narada Smriti says once a marriage is fixed, it cannot be canceled.
    • Forms of Marriages:
      • Approved (Prashastha):
        • Brahma:
          • Father of the girl would select a Brahmin groom who had good conduct and decked up the girl and performed the marriage.
        • Daiva:
          • Father of the girl would deck up the girl and give her to the person who performed sacrifices (homams).
        • Arsha:
          • A pair of cows/bulls were given to the bride’s father/family, and the girl would be married to the groom.
        • Prajapatya:
          • Father ensures a good groom is selected, marries off the girl, and blesses the couple.
      • Unapproved (Aprashastha):
        • Asura:
          • Wealth is given to the father of the girl and his relatives by the groom, and the marriage is performed with the girl.
        • Gandharva:
          • The boy and girl, with their consent, exchanged garlands and had sexual relationships, typically in some kind of secluded place.
        • Rakshasa:
          • The girl is crying/weeping, but the groom elopes with her, and the marriage is performed.
        • Paisacha:
          • When the girl is sleeping/intoxicated, the groom comes, kills the girl’s relatives, and marries her.
    • Engagement practice was there even in ancient times.
    • Ceremonies as mentioned in Grihya Smriti:
      • Vridhi Sraha - Offerings to the ancestors.
      • Sampradana - Groom’s feet are washed and honored.
      • Kanyadana - Bride is given in marriage with a promise that during artha, kama, and moksha, the bride should be part of the groom.
      • Dakshina - Father of the bride gives a piece of gold to the groom.
      • Vivaha homa - Sacred fire ritual.
      • Mahavayahritu - Offerings to the earth, sky, and heaven.
      • Panigrahana - Offerings to Varuna and Agni.
      • Agni parinaya - Three rounds around the holy fire.
      • Saptapadi - Seven steps:
        • Food
        • Strength
        • Wealth and Prosperity
        • Comfort
        • Progeny
        • Enjoyment of seasons
        • Friend/Sakhi (be united to me)
      • All the ceremonies are performed by chanting mantras. The marriage is a sacrament as it has been performed with these ceremonies.

  • Definition:

    • “Marriage is an institution or set of norms which tetermine the particular relation of harmony to each other and to their children” - Mark and Yung.
    • “Marriage is a contract for the production and maintenance of children” - Malinowski.
    • “Marriage is the appoved social pattern whereby two or more persons establish a family” - Harton and Hunt
    • “Marriage is the public joining together under socially specified regulation of man and woman as husband & wife” - Alfred Mc Cling Lec
    • “Coming together of man and woman is necessary for fulfillment of the threefold ideals of life i.e., Dharma, Artha, and Kama” - Manu.

  • Hindu Marriage Act 1955:

    • Came into force on 18th May 1955.
    • Sections:
      • Sec 1 - 4 | Title | Extent - Applicable to the whole of India and Hindus anywhere in the world if they perform marriages in the Hindu way | Definitions.
      • Sec 5 & 7 | Conditions of Valid Marriage:
        • Section 5:
          • Monogamy - S 5(i) - Either spouse should not have another spouse living, and any such marriage would be bigamous and void.
            • If the marriage is not yet performed, the 1st wife can file an injunction under S 9 of CPC read with S 38 of [[Specific Relief Act]].
            • If the marriage is performed, the 1st wife can file an injunction under S 9 of CPC read with S 34 of [[Specific Relief Act]] to declare the second marriage void.
            • Wife can also file under S 494 of IPC or S 82(1) of BNS.
            • If X and Y are married, and X marries Z whilst being married to Y, X is punishable under S 495 of IPC or S 82(2) of BNS.
            • Sarala Mudgal v. Union of India and Lilly Thomas v. Union of India are cases where the Supreme Court held that if a spouse converts to another religion, they must first divorce the original spouse before entering into a new marriage.
            • This is a mandatory condition.
          • Capacity or Sound Mind - S 5(ii) (Mental Disorder, physical capacity, idiot, insanity, etc.)
            • This is a recommendatory condition.
          • Marriageable Age - S 5(iii):
            • This is a recommendatory condition.
          • Outside the Prohibited Degrees - S 5(iv):
            • This is a mandatory condition.
          • Outside the Sapinda Relationship - S 5(v):
            • This is a mandatory condition.
        • Section 7:
          • Customary ceremonies and rites.
      • Section 8 | Registration.
      • Section 9 | Restitution of Conjugal Rights.
      • Sec 10 & 13 | Judicial Separation and Divorce.
      • Sec 11 & 12 | Void and Voidable Marriage.
      • Sec 14-30 | Other provisions.

Note: Faculty for Constitutional Law - 1 was absent today. Additionally, I had to leave early, so I could not attend the Environmental Law - 1 class conducted by Dr. Kalyani.