Law of Persons

Abstract

The Indian subcontinent is inhabited by three principal communities, namely the Hindus who are in the majority, followed by Muslims and Christians. The Christians, though numerically in the minority, enjoyed the support of the British rulers for them to claim a separate legal status. Hindu law did not permit divorce, whereas Muslim law allowed divorce only the male spouse and Christian law allowed divorce to both the male and the female spouses. Conversion to Islam by the Hindus and the Christians brought about inter-personal law conflicts. The Regulating Act, 1781, enacted by the British rulers, introduced the rule that in a court action, where the parties professed different religions, the applicable law was the law of the defendant. As this rule failed to produce a satisfactory result where a Hindu wife, who got converted to Islam, could not get divorce that she sought because Hindu law did not permit divorce, Ormond, J. introduced the norm of justice, equity, and good conscience. Recent reforms in the Hindu law, coupled with enactment of the Muslim Marriage Act, 1939, brought about relief to wives who embraced Islam and sought relief. Courts played a significant role by giving a divorced Muslim wife maintenance right for life.