Haryana Civil Judge (Jr Div) study materials
Haryana Civil Judge (Jr Div) study resources

Haryana Civil Judge (Jr Div): Hindu Law and Muslim Law

Haryana Civil Judge (Jr Div) · Work through your exam, one topic at a time.

All guide sections

Hindu Law and Muslim Law

Hindu and Muslim personal law tests marriage, divorce, maintenance, succession and guardianship. The exam expects statutory provisions for Hindus and classical/codified rules for Muslims, without mixing the two systems.

Hindu law

The Hindu Marriage Act, 1955 governs conditions of marriage (s.5), void and voidable marriages (ss.11-12), divorce (s.13) and maintenance (ss.24-25). The Hindu Succession Act, 1956, after the 2005 amendment, makes a daughter a coparcener by birth in joint Hindu family property. Class I heirs take simultaneously; the widow, sons and daughters share. The Hindu Adoption and Maintenance Act, 1956 governs adoption and maintenance.

Muslim law

Nikah requires offer and acceptance, witnesses and mahr. Talaq-e-biddat is void after Shayara Bano (2017), and triple talaq is an offence under the 2019 Act. Mahr is a contractual obligation. Inheritance is governed by fixed Quranic shares; a will is limited to one-third without heirs' consent. Guardianship distinguishes custody (hizanat) from legal guardianship.

Worked example

A Hindu father dies intestate in 2010 leaving a widow, son and daughter. The daughter is a Class I heir and a coparcener in ancestral property. She takes an equal share with the son in the father's share, subject to the 2005 amendment applying to the death.

Traps

Do not apply the Hindu Succession Act to Muslims. A void marriage does not create mutual rights of inheritance, though children may be legitimate. Maintenance can be claimed under personal law and s.125 CrPC / s.144 BNSS. Custom must be pleaded and proved.