Hindu Law Questions Answer Part 1

What Do you mean Hindu law :-

Hindu law refers to the set of laws, both civil and criminal, followed Substantive and procedural by ancient Hindus as described in texts like smritis and commentaries, and as practiced through tradition. In modern times, it is mainly applied to Hindus in specific areas like marriage, adoptions, inheritance, and succession in the courts of India .

Q1 ) A Hindu carries his laws with & him - Explain this maxim with a Suitable illustration .

Introduction : -

Hinduism it has rightly been said, is a mess - of fluctuating faiths and opinions embracing within itself a vast fancies of savage superstition to the  highest insight of during thought. 

Hindu Law A Law of states :-

Hindu law is considered a personal law rather than a territorial one. This means that when Indian laws allow the application of personal law, the rights and responsibilities of a Hindu individual are governed by Hindu law, which is their traditional legal system. However, it's important to note that certain aspects of this law can be changed or eliminated by the state.

Hindu law a law of status  :- 

A Hindu law is permitted to be governed by the school of law which permits in the province or district in which he resides . 

                                The term "LEX-LOCI," meaning the law of a specific locality, applies only within a particular region or state. Hindu law, being a personal law, does not adhere to the concept of Lex-Loci (local laws). Consequently, when a Hindu migrates from one part of the country to another, it is presumed that they continue to be governed by the laws and customs of the locality from which they migrated. The legal framework in place at the time of migration continues to apply to the migrated family. Any changes in the laws or customs in the original province after the family's departure do not affect the migrated family.

                                However, the migrated family has the option to renounce the laws and customs of their province of origin and adopt those of the province to which they have moved. The party claiming this change in law bears the burden of proof, and they can demonstrate this by showing that the adopted province's laws or rules have been accepted and applied within the family. Once proof of the adoption of the new law is established, it is not permissible for individual family members to revert to the old law .

        " where a Hindu migrates  from one part one part of India to another , prima facie he carries with him his personal law & it is alleged that he has become subject to the local law then it must affirm actively be proved that he had adopted the local laws"

Case Study :- 

( Surendra Nath Vs Heeramonee [1863] 12 M.T. ASI ; Parbati Vs Jagadish 29 I.A 82 )

If a persona has a permanent resident in one state the mere face that he is living in another state in connection with his employment - would not amount to migration .

( Arjun Singh Vs. Virendra Nath A.I.R. 1971 ALL 29 )

Q2 ) Who are the persons governed by Hindu law ? Is it correct to say that only Hindu law applies only to the person Who born as Hindu .

Ans ) In ancient time the Hindus were dividend into 4 castes :-

1) The Brahmins of Priest caste .

2) The Kshatriya or worrier caste .

3) The Vaishya or the agricultural caste.

4) The Sudras or the menial caste .

Meaning of Hindu law :-

Hindu law means all the laws civil & criminal Substantive and procedural of the ancient Hindus as laid down in the smritis & commentaries on sanctioned by usage. Hindu law as administered by the counts of Indic is applied to Hindus in some matters only, namely. Marriage, Adoptions ,Inheritance, succession etc. 

Meaning of the term Hindu :-  

The team 'Hindu' is not  very definite in its significance. It has now have been defined some writers are of opinion that the word has been derived from the word ' Sindhu's ', the modern Indus river. It is Said that the Aryans first settled around the river Indus and called that country " Sindhustan ". Persians who pronounce 'S' as 'H' called the Hindustan & the inhabitants Hindu .

The word Hinda had a wide commutation & included all persons who were born Hindus & who were converted into Hinduism -

The following persons are regarded as governed by Hindus and are governed Hindu Law.

1.  Hindus by birth, i.e. parsons who are boon Hindu 

2. Hindus by religion i.e. , persons converted to Hinduism

3. Jains , Buddhist, Sikhs , Brahmins , Arya Samaj , etc. are all Hindus for the purpose of Hindu Law.

4. Illegitimate children where the father is a Christian .

5.  Illegitimate children where the both parents are Hindu . 

6. Illegitimate children where the father is a Mohammedan & the mother is a Hindu & the children are brought up as Hindus .

7. Hindu by birth who after renounce Hinduism have reverted of it by performing religious rites. 

                                It must be remembered that the courts cannot measure the depth of religious feelings of even if a Hindu departs from orthodox standard, he a does not a cease to be a Hindu for the purpose Hindu only when he renounces the Hindu religion and becomes converted to some other faith by an overt Act. Until so convened, every person who is born Hindu continues to be governed by Hindu Law. If a Hindu it converted to Mohammedan ,he cease to be a Hindu and succession to his estate is  governed by Mohammedan Law .