Postmodern Hindu Law

The Hindu law has been a guiding principle for our society, especially in reliable matters like the conjugal affairs or the responsibilities of kinship. The Kutia Kandha customs argon also based on the lines of Hindu law but they expect to be more systematic.MaintenanceAs per the Hindu law, regardless of self-control of home, a person is morally obliged to snap over the duty of his wife, old parents and minors. This norm is followed by the Kutia Kandha people with few further inclusions. Accordingly, the hereditary pattern of a property should not become the basis of a sons commitments towards his parents or his wife. Its the duty of sons to look after their parents even if they dont inherit the property in return.But the nuance is that the state of cleaveing with the old parents comes down to the youngest one. He has to lock care of everything, even the funerary rights of his parents. Same rule applies on an need son no property will be inherited if he fails to fulfill h is responsibilities.Similarly, maintenance of minors and unmarried or handicapped children is a responsibility that parents cannot avoid.In circumstances like death of parents, the duty is accorded to nestle male kin, if he is inheriting the property. In an another(prenominal) situation, if the keep up dies, the leave behind has to maintain the minors until the eldest one turns a major.And in case, she marries many outsider, the responsibility of the minors and the property, everything goes under the control of the family of deceased husband, basically a male kin of his.GuardianshipWhether a minor is legitimate or illegitimate, thither should be a guardian to take over his responsibilities.The Kutias take hold elucidated certain points that are needed for the consideration of guardianship. Father is the natural guardian of a child, and in case of his death, the incur becomes one. A major child may become a guardian of his minor siblings in case two the parents are dead. In a bsence of such(prenominal) a major child, the responsibility goes to either of the grandparents.Grandparents to next full brother and then to half brother, this puzzle out continues until and unless there is some male kin of their bewilder available for such guardianship. Else the process is repeated in maternal clan.Illegitimate child goes with the legitimate husband of the deceased woman, and in case he denies, the family of woman is supposed to take care of the child.Adopted father of an choose son is his guardian and not the genuine father, in such a case.Lastly, in case of a divorce, the children stay with father.If they are small enough not to live without mother, they remain with the mother and go to the father once they grow up.AdoptionThere are many reasons, for which a person may want to adopt a child some childless couple may want an old age brook or some may not be willing to grant their own kids and just go for adoption.Whatever the reason maybe, anyone can adopt a child.The Kutia Kandhas have delineated the conditions of adoptions. One can adopt a child of any gender but he should start choosing from his parental kinsmen, if not available then from an outsider, whether from same clan or not.The adopted son is entrusted with all the responsibilities of a real son (ibid) thereafter and becomes the successor of his adopted parents property, too. Even the responsibility of minors, widow, old grandparents etc is invested on him. Failing to which, his property may be forfeited.If a situation arises wherein the adopted son and father separate, the question of inheritance of property depends upon the case of separation.If the adopted son is guilty, he may not get anything otherwise he can learn the rights.Not every rule is just for adopted son, even the adopter have some duties towards him, like looking after his welfare, marriage and every other aspect that he may do or have do for his real son.