of Prin~j.ples. Hind.u Law Personal Law of Hindus, Buddhists, Jains & Sikhs ~·--------~---------· The daring publisher, Universal Law Publishing Company, among the foremost in the law publishing field and progressive venturing to bring out rare i~ legal literature of avant garde character has rightly enriched the corpus juris of India Justice V R Krishna Iyer. Random.Reflections, page 14, • • Principles of Hindu Law Personal Law of Hindus, Buddhists, Jains & Sikhs The Sindh Hindus Marriage Act, 2016 410A-410D The Hindu Marrla2e Act, 2016 410E-410L ··------------~------------· TAf!". .da~ng piibfisher, · Universal law Publishing Company, among the foremo~t in the law pu~lishing fleld and P.rogr~ssive in ven~rlng to bring out rare rightly legal iiterature of avant-garde azar~er itizs mridred ojind:ki the corpus juris Justic~· V R Krishna Iy~r Random R.ctlectiom, pag~ 14· • ' Principles of Personal Law of Hindus, Buddhist.s, J ains & Sikhs .The Sindh Hindus Marriage Act, 2016 410A-410D• The Hindu Marriage Act, 2016 410E-410L Tahir Mahmood Edition 2017-18 Price Rs. 12001- UNIVE SAL Law Publishing Co. Pvt. Ltd. NEW DELHI - INDIA or No part of,thiJ publiartion can be repl'Qduced transmitt~d in any form ot ·by any means, without p~or. pemlission of· the Publis):lers. · This publication is .~mS sold on the condition and uhderstAndinglhal the informatl~ eomments, and view5 it ,ton~ are ~ereiy .for guiwdaanyc e an~ reference and must not be taken as having the authority of, or being binding' iii any on, the; author, editors, pul?ll.shers, and sellers, who do not owe any responsibi~ty whatsciever for any lo5', damage, or distress to .any person. whether or not a purclt~ ~f this publication, on accoun~ of any action taken or not taken on the basil of t:J;tls 'publlcation.. Desplt:e all the care ~ken, errors or omissions may have . crept inadvertently into this pu"Ucation. The publlahen shall be obliged if any such error or omiJsi0n is brought to their notice for possibl4! correction in a.future· edition. In lhe case of binding defect, inisprint, missing pages, etc., the publi~hers' liability la limited· to replacement of the defective copy within one m~th of·~ ourchase by • copy of the ~ame edition or reprint. All disputft aruubject. to :.:1e }url&diction ~f competent courts in Delhi. • • • . •• ! • • • Co1nputer TYPmt at Aes~hetid and Printed at Nice Printing Press, '"'.•lhi. PREFACE The personal law system has for- centuries been, and remains, a distinctive feature of pluralist India's legal culture. The so-called 'Hindu· law' is actually the personal law, largely reformed and codified, of four Indian communities - Hindus, Buddhists, Jains and .Sikhs. As they have ~ogether over 80% share in India's population, their personal law· constitutes the principal chapter of modem Iridia's family and succession 'laws. This book offers a critical study of it~ provisions in a historical, constitutional and human rights perspective. · Hindu law has beeri one of my major interest areas since the beginning of my acaqemic career. My *st elementary book on the subject Changing Law of' the Hindu Society, a monograph l;>ased on th~ lectures I had delivered as a greenhorn at the Aligarh Muslim University, was published in Delhi in 1968. Thirteen Y.eai:s later came out from AU.aruibad my 750-page critical work Studies in Hindu Law. Brought out in a second edition in 1986 and in several reprints until 1998, it was cited m This a number of judicial decisions.~ year I was· approached by the publishers for its revision, but:. instead of updating that outdated book I decided to venture a fresh work on the subject. an Besides elaborate Prologu~ intrOducing the subject,. this. book is arranged into three Parts -. Matrimonial Law, Family Rights and and Relations,. Property and Succession Laws - each beginning with the texts of the governing statutes and offering in the succeeding_ Chapters my understanding and. evaluation of their provisions. Texts of other Jaws relt:vant .to the subject .have beeu provided in three Appendices to the book. A large number of cases have been decided in the last two decades .by fi?.e Supreme Court of ID.dia and various High Courts covering almost all provisions of the four Hindu-law Acts of 1955-56. In dealing with case law the focus of the book is on the recent cases reported till January 2014; old cases have been referred to only where considered necessary. I hope the book will be found of some use by the Bench and the Bar and in the fraternity of law teachers, researchers and students. Tahir Mahmood Institute ofA dvanced Legal Studies ·Amity.University, India CONTENTS Preface v Table of Statutes Table of Cases PROLOGUE History, Nature and Scope of Hindu· Law I ' I. Historical Perspective · ' ' A Religious Groups & Personal Laws_ 2 B. Sources & Schools of Laws 4-. . . C. Development during Muslim Rule 6' D. · Development ~Uring British ~ule 7 E. Salient _Features & Misconc~ptfons 10 II. Legislative Reform till Date A First Century of Reform 12 . B. ·Reforming Acts of 1955-56 15 C. Status of Old Refonriing Acts 17 D. Application. of General Laws 18 E. Opting out of Hindu Law 19 JII. .L aw of Four Communities A 'Hindu' Law: A Misnomer 22 B~ Hindu Community 23 C. Sikh Community 26 28 D. Buddhist Community 29 E. Jain Community IV. Ana~ysis & Appraisal of Acts .30 A .Scope & Extent 33 B. Overriding Effect . . vii