INDIAN HINDU LAW

INDIAN HINDU LAW :
Historically the term 'Hindu' is of foreign origin. It was used to designate people who were living east of the Hindi river, now known as the Indus. Etymologically, the term 'Hindu' was applicable to all the inhabitants of India irrespective of caste and creed. In course of time, the term Hindu has been associated with religion.

Thus logically, the term 'Hindu' is used to signify persons who are Hindus by birth and by faith and this is the basis for the applicability of Hindu Law

Hindu, Muslim and Christian Laws of marriage and divorce. The nature of the institution of marriage and its development the capacity and nuptial rights and the effect of void and voidable marriage under the aforesaid systems of law. Hindu law of marriage and divorce with reference to the changes brought about my modern legislation.
PERSONS GOVERNED BY HINDU LAW :
The following persons are governed by Hindu Law:
1. A HINDU BY BIRTH :
If the parents are both Hindus, their children whether legitimate or illegitimate become Hindus automatically.
2. A HINDU BY FAITH OR CONVERSION OF HINDUISM:
Previously, it was a contention that "a Hindu is horn and nor made". But now even a person converted to Hinduism is treated as a Hindu.
3. ILLEGITIMATE CHILDREN :
Illegitimate children born to Hindu parents or both the parents.
4. ILLEGITIMATE CHILDREN :
Illegitimate children born to Christian father and Hindu mother, and brought up as a Hindu.
5. JAIN SIKH, BUDHIST LINGAYAT, BRAHMOS, ARYA SAMAJ:
Jain sikh, budhist, Lingayat, Brahmos, Arya Samajist and Santhals of Chota Nagpuri, If not varied by custom.
6. A person who is Hindu by birth, and who has renounced Hinduism and reverted back to Hinduism either by religious rites or recognition from community.
7. The sons of Hindu dancing grils of the Naik caste who are converted to Mohammedanism, but whose sons are brought up by the Hindu grand parents as Hindus.
8. To Hindu who have made a declaration that they were not Hindus for the purpose of Special Marriage Act 1872

PERSONS NOT GOVERNED BY HINDU LAW :
1. Illegitimate children born to Hindu father and Christian mother and brought up as Christians.
2. Illegitimate children born to a Hindu father and a Muslim mother.
3. Hindu converted to islam religion
4. Hindu coverted to christianity.
5. A Hindu marrying under Special Marriage Act, for the purpose ofinheritance, governed by Indian Succession Act and not Hindu Succession Act.

EFFECT OF COVERSION AS PER INDIAN HINDU LAW :
APPLICABILITY OF HINDU LAW :
1. Chritianity :
Earlier to Indian Succession Act 1925, a Hindu covert to Christianity could opt for Hindu faith.
After passing the Indian Succession Act, the Hindu covert to Christianity is governed by the Indian Succession Act.
2.Mohammadanism :
A Hindu covert to Mohammedanism has no option to retain Hindu personal law and he is governed by Muslim personal law.
3. Hinduism :
Any covert to Hinduism from other religion does not have any caste, but if he professes hindu faith, it is sufficieant for the application of Hindu Law.
EFFECT OF CONVERSION ON INHERITANCE RIGHTS:
Previously a convert from one religion to another could not inherit the property of his original religion. But the Caste Disabilities Removal Act 1850 abolished the said forfeiture of rights to inheritance by a convert.
EFFECT OF CONVERSION ON MARITAL RIGHTS :
Under the Hindu Marriage Act 1956 if any of the spouse converts himself to another religion the other party is entitled for a divorce.
EFFECT OF CONVERSION ON RIGHT TO MAINTENANCE:
The spouse who gets converted from Hinduism to another religion cannote claim maintenance. However if a Hindu himself renounces Hinduism the Hindu wife can claim separate residential maintenance from him.
EFFECT OF CONVERSION ON RIGHT OF GUARDIANSHIP:
When a guardian changes his religion, he cannot act as a guardian for the minor.