Discuss whether a Hindu woman can be a Karta-Manager of a Mitakshara Hindu Joint Family.

Question: Discuss whether a Hindu woman can be a Karta-Manager of a Mitakshara Hindu Joint Family. [Punj JS 2019]

Find the question and answer of Hindu Law only on Legal Bites. [Discuss whether a Hindu woman can be a Karta-Manager of a Mitakshara Hindu Joint Family.]

Answer

A Hindu woman's right to manage and control a Mitakshara Hindu Joint Family, as the Karta or manager of the family, has been a subject of debate and legal interpretation in India. The Mitakshara law, which is followed in most parts of India, traditionally recognizes the eldest male member of a Hindu Joint Family as the Karta or manager. However, in recent years, there have been several landmark cases that have expanded the rights of women in a Hindu Joint Family.

One of the most notable cases on this issue is the case of Danamma @ Suman Surpur v. Amar, (2018) 14 SCC 796, in which the Supreme Court of India held that a Hindu woman can be the Karta of a Mitakshara Hindu Joint Family. The Court held that a woman has an equal right to be the manager of the family's affairs and that the traditional preference for a male Karta is not a valid reason to exclude a woman from this role.

Another landmark case is the case of Prakash v. Phulavati, (2016) 8 SCC 36, in which the Supreme Court held that the right of a Hindu woman to be the Karta of a Mitakshara Hindu Joint Family is not dependent on the existence of a male descendant. The Court held that a woman can be the Karta of a Joint Family even if there is no male descendant and that the traditional preference for a male Karta is not a valid reason to exclude a woman from this role.

In this case, the Supreme Court also emphasized that the role of Karta is not limited to the management of property, but also includes the power to take decisions on behalf of the family and that these rights can be exercised by a woman as well.

In conclusion, landmark cases have recognized that a Hindu woman can be a Karta-Manager of a Mitakshara Hindu Joint Family. The Supreme Court of India in Danamma @ Suman Surpur v. Amar and Prakash v. Phulavati has held that a woman has an equal right to be the manager of the family's affairs and that the traditional preference for a male Karta is not a valid reason to exclude a woman from this role. Furthermore, the court emphasized that the role of Karta is not limited to the management of property, but also includes the power to take decisions on behalf of the family and that these rights can be exercised by a woman as well.

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