Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
The ultimate source of this wonderful system is the Veda, but the Hindu
also accepts an immemorial custom as transcendant law, contending that
such acceptance is approved in the sacred scripture and in the codes of
divine legislators.
In the Mahabharat we read: "Reasoning is not reliable; the Vedas differ
from one another; and there is no sage whose doctrine can be safely
accepted; the true rule of law is not easy to be known; the ways of
venerable persons are, therefore, the best to follow."
The Hindus have for centuries been governed by their own laws, which they
regard not as the edicts of a political sovereign, nor as the enactments
of a human legislature, but as the immutable commands of the Supreme Being
of the universe. With such reverence have these laws been regarded that no
Hindu king of whom we have any historical record ever dared to repeal,
alter or modify one of them. For the past century such progress as Hindu
law has made is due entirely to the action of the British courts in India.
As we called attention to in the chapter on Mohammedan law, there are four
distinct systems of jurisprudence in India, all in full operation and
effect. Two of these systems, the English law created by the British
Parliament and Anglo-Indian law created by the legislative councils, are
territorial in jurisdiction, while the others, namely, the Hindu law and
the Mohammedan law, are purely personal. That is to say, the Hindu and
Mohammedan systems of law apply respectively to Hindus and Mohammedans,
and to no one else.
At the beginning of British rule in India the government of the East India
Company gave the native inhabitants of the country the privilege of being
governed by their own laws in matters relating to marriage, inheritance
and religious usages.
In the regulations promulgated by Warren Hastings in 1772, and since in
the various civil acts and charters establishing the law courts, the rule
is expressed that in cases relating to marriage, inheritance, succession
and religious usages the Hindu law shall apply to the Hindus.
The Privy Council decided in the leading case of Abraham v. Abraham that
under the regulations and acts a Hindu is a man by both birth and religion
a Hindu.
In the case of Raj Bahadur v. Bishen Dayal, Mr. Justice Straight said: "If
we are correct in our view that the status of a Hindu or Mohammedan under
the first paragraph of Section 24, Act VI., of 1871, to have the Hindu law
made the 'rule of decision,' depends upon his being an orthodox believer
in the Hindu or Mohammedan religion, the mere circumstance that he may
call himself or be termed by others a Hindu or Mohammedan, as the case may
be, is not enough."
CASTE.--The idea of caste or class distinction so completely permeates
every religious and secular institution of India that one cannot
understand Hindu law without having in mind the principal features of this
social system.
Public-domain text, read in full here on John Shaqi.
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