Hindu Law and Muslim Law
Personal law questions test the meeting point of statute and classical text. Hindu law is largely codified; Muslim law remains uncodified except for statutes on marriage, divorce, maintenance, wakf and guardianship.
Hindu law
- Hindu Succession Act, 1956, s.6 as amended in 2005: a daughter is a coparcener by birth. Vineeta Sharma v. Rakesh Sharma (2020) held that this applies whether or not the father was alive on 9 September 2005, but only where the father had not died before that date.
- Section 8 read with the Schedule gives Class I heirs; s.14 makes a female Hindu's property absolute; s.30 permits testamentary succession.
- Hindu Marriage Act, 1955: s.5 conditions, s.11 void marriages, s.12 voidable marriages, s.13 grounds, s.13B divorce by mutual consent, ss.24 and 25 maintenance. Section 18 of the Hindu Adoptions and Maintenance Act, 1956 gives a separate right of maintenance.
Muslim law
- Nikah requires proposal, acceptance, two male witnesses (or one male and two female witnesses in Hanafi practice), mahr and capacity. Triple talaq in one sitting is void under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
- Khula and mubarat are divorce by agreement; maintenance is claimed under s.125 CrPC (s.144 BNSS) or the 1986 Act.
- Hiba needs declaration, acceptance and delivery of possession; wasiyat is limited to one-third.
Worked example
A Hindu father dies in 2001 leaving a son and a daughter; the daughter sues for partition in 2020. She is not a coparcener, because the father died before the 2005 amendment and Vineeta Sharma does not operate retrospectively; she takes as a Class I heir under s.8.
Traps
Mitakshara and Dayabhaga are interchanged; s.24 HMA is confused with s.18 HAMA; and triple talaq is called irregular when the statute makes it void.