Application of Hindu Law as per Hindu Marriage Act

Hindu law is considered to be the most ancient and prolific law in the world. It has been around each stage. It is around 6000 years of age. Hindu law has been built up by the individuals, not to expel any wrongdoing or offence from society however it was set up with the goal that the individuals will tail it to achieve salvation. Initially, Hindu law was set up with the goal that the need of the individuals gets satisfied. The idea was started for the government assistance of the individuals.^[1]

Hindu Law is accepted to be divine law. It had been uncovered by God through Vedas to the individuals. The theoretical standards of life sketched out in the Vedas had been extended and refined by different sages and religious zealots. Individuals living on the Indian subcontinent have driven their lives by following the rules and ideas gave in the Vedas to a large number of years. Such rules formed into laws that were trailed by the individuals and executed by the rulers, and consequently turned into the law of truth. All through this new age, similar laws have been retrofitted to coordinate current conditions and have been arranged as various demonstrations of which the principle one’s are- The Hindu Marriage Act 1955, The Hindu Adoption and Maintenance Act 1956, The Hindu Minority and Guardianship Act 1956, and The Hindu Succession Act 1956.

Application of Hindu Law as per Hindu Marriage Act

The term “Hindu” denotes all those persons who profess Hindu religion either by birth or by conversion to Hindu faith.The power of the court to apply Hindu Law before Independence was derived from the Acts and statutes passed by the British Parliament and Provincial Legislatures from time to time. Under the constitution of India it is provided in Article 372 that all laws in force in the territory of India immediately before the commencement of Constitution, shall continue until altered or replaced or amended by a competent Legislature or other competent authority. After the Constitution was adopted, 4 major acts have been passes with a view to overhauling the law concerning the above subjects. They are Hindu Marriage Act, 1956, Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, 1956 and Hindu Adoption and Maintenance Act, 1956.^[2]

The status of a person as Hindu is determined by his birth. If a person is born of Hindu parents he is a Hindu unless he changes his existing status by becoming a member of such a religion as would destroy his status as ‘Hindu’ and give him a new one.

Term Hindu according to their Lordship of the Privy Council includes “those born as Hindu and also those who become converts to Hinduism. Hindus are therefore born as well as made and thus the applicability of Hindu Law is not restricted or confined to those persons only who are Hindus by birth. A Non Hindu may renounce (give up)his religion and become Hindu by conversion by any of the three methods:

1. if he performs the ceremony of Conversion, prescribed by the Community or Caste to which he converts.
2. If he expresses an intention to become a Hindu and actually lives as Hindu, and if the community or Caste accepts him as a member of their community or caste.
3. If he declares that he is a Hindu and lives as a Hindu.

It can be concluded that Hindu law is considered to be the most ancient and prolific laws in the world. It has been around every phase. It is about 6000 years old. Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation. Originally Hindu law was established so that the need of the people gets fulfilled. The concept was initiated in for the welfare of the people. Schools of Hindu law are considered to be the basic source of Hindu law which constituted in the development of the Hindu law from its roots. It is also known as the commentaries and the digestives of the smritis. These schools have widened the scope of Hindu law and explicitly contributed in its development.

^[1] Asthana, S. All you want to know about Sources and Schools of Hindu law.(September 10, 2019) https://blog.ipleaders.in/sources-schools-hindu-law/

^[2] N. (2014, February 14). Application of Hindu Law. Legum Baccalaureus. http://asksts.blogspot.com/2014/02/application-of-hindu-law.html

Author Details: Smrithi Athreya [Student, Christ (Deemed to Be) University]