Application of Hindu Law

Persons subject to Hindu Law-

Shastri Yagna Purushdasji v. Muldas Bhundardas Vaishya- It is extremely difficult,

though not impossible, to define the Hindu religion in the way the other religions are

defined. It embraces numerous views and ways of life.

The term ‘Hindu’ is not to be found anywhere in the Dharmashastras. It is a foreign word.

It is derived from the word ‘Sindhu’. Sindhu is the name of a river in Indian sub-

continent. The word ‘Sindhu’ was mis-spelled as ‘Hindu’ by the Persians. The sub-

continent came to be known as Hindustan and its people as Hindus. Thus etymologically,

the word ‘Hindu’ does not signify a religion; it refers to a territory or nation.

Hindu law is a personal law. So, Hindu law should define ‘who is a Hindu’, and upon

whom the Hindu law applies.

 

A portion of Hindu law has been codified by Parliament in four Acts-

i) The Hindu Marriage Act, 1955

ii) The Hindu Minority and Guardianship Act, 1955

iii) The Hindu Adoption and Maintenance Act, 1955

iv) The Succession Act, 1956

According to these Acts, a Hindu is a person who-

·   Is a Hindu by religion in any of its form or development

·   Is a Buddhist, Jain or Sikh by religion

·   Any person who domiciled in India, who is not a Muslim, Christian, Persi or Jew

by religion

·   Hindus domiciled in the territories to which the Act extends

·   Followers of Hindu law

Followers of Hindu Law-

i) Legitimate child of Hindu parents

ii) Illegitimate child of Hindu parents

iii) Children of one Hindu parent

iv) Converted- The law was that the conversion was not accepted. But later it was

accepted but the converted person was given the lowest caste. All Hindu laws will be

applicable upon him except the succession.

Requirement of conversion- (i) Unequivocal conduct, (ii) Bona fide intention, (iii) No

ceremony is required and (iv) His motive is not important (Raman Nadar v. Snehapoo).

 

Persons not subject to Hindu Law-

i) Non-Hindu child of one Hindu parent

ii) Converts from Hindu religion