Besides a Muslim friend. A will not cease

Besides the above-noted matters there are other matters to which Hindu Law is applied by virtue of (a) express legislation, or (b) on the principle of justice, equity and good conscience. Such matters are: (a) (i) Adoption, (ii) Maintenance, (iii) Marriage, (iv) Succession, and (v) Minority and Guardianship. (b) (i) Family relations, (ii) Wills, (iii) Gifts, and (iv) Partition.

It should, however, be noted here that with regard to general or contractual liability, the Hindus are governed not by Hindu Law but by Criminal Law and Procedure, Law of Contract and Torts, and Code of Civil Procedure etc. There are some noteable points relating to the application of Hindu law which can be studied as under: (1) A mere association with a non-Hindu cannot prevent the applicability of Hindu law. For example: A, a Hindu recites the Koran and takes the food and meals with a Muslim friend. A will not cease to be Hindu unless he renounces the Hindu religion. J.D.M. Derrett has rightly said that the admixture of Muslim beliefs and habits and even membership of a sect comprising both Hindus and Muslims would not deprive him of his right to be classed as Hindu.

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(2) A person of other faith, if converted to Hinduism, becomes Hindu and Hindu law will be applied. In Rcitcinji Morarji v. Adm-General of Madras, where an European lady converted to Hinduism by the ceremony of suddhi, and subsequently she adopted Hindu name and married with Hindu male, the court held that she was a Hindu. (3) A person who re-converts to Hinduism is also a Hindu. For example, in Kusum v. Satya, a Hindu boy was converted to Christianity and married with a Christian girl. After sometime, the boy reconverted to Hinduism and married a second Hindu wife. The first Christian wife filed a suit against the husband for bigamy.

The Court held that conversion into Christianity is no bar to reconvert into other religion and it can take place even in few hours. (4) Harijans are also deemed Hindus. It is immaterial that they have no knowledge of Hindu religion.

In Krishna Knmari TJmmparan and others v. Palace Administration Board Kulikotta Fort, the Court held that, where a child is legitimate or illegitimate, one of who’s parents is Hindu by religion would also be a Hindu. (5) Persons belonging to several aboriginal tribes and tribal races are also governed by Hindu Law. It is now an accepted fact that Hindu law applies to tribal people living in the interior parts of the country, whose way of life, habits and culture have been influenced by Hindus generally so called and, who profess Hinduism. (6) A person who is born a Hindu does not cease to be a Hindu merely because he departs from the standard of orthodoxy in matters of diet and ceremonial observances. The acceptance of the “Granth Sahib” by the Udasis is not inconsistent with their continuing as Hindus.


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