Codification Of Personal

Law

Introduction
Territorial Law
Personal Law
- Originally Hindu law and
Mahomedan law
were comprehensive of criminal
law legal
procedure and evidence.

Codification

In 1772 Warren Hastings enacted all

suits regarding
inheritance,Marriage,Caste and other
religious institutions of Gentoos
(Hindus) Laws of Koran
Warren Hastings made it clear
that it shall be invariably adhered to
To remove some obnoxious customs .

Continuation
After

Independence ,Legislation in the field of Hindu law is more.

Under British, the legislatures rarely legislated in the field of personal law
To re move some obnoxious customs legislations was occasionally undertaken
Abolition of Sati Act 1829
Hindu widows Remarriage Act 1856

Drafting of Comprehensive Hindu Code

- By RAU Committee
- Introduced in Provisional Parliament 1947
- Could not be passed before its dissolution
The code was split up into separte parts
1 st part dealt with Hindu Marriage and became Act 1955 This Act did not deal
with Special Marriage as that was already covered under Special Marriage
Act,1954
The H.M. Act,1955 was amended in the Year 1976

Continuation
Next part of the code to be passed
2nd Part of the code

Hindu Succession Act,1956

- Equality of succession

3rd part of Code

Hindu Minority and Guardianship

Act,1956
- Abolished De facto guardian Under
Guardians and Wards Act,1890.
- Act, 1956 deals with Natural and
Testamentary Guardian .

4th part of the Code

Adoptions and Maintenance

- Adoptions could be simplified because
of Hindu Adoptions & Maintenance Act,
1956 . It provides for adoption of boys
and girls.
- a husband can no longer prevent his
wife from making an adoption, after his
death.

- A widow can adopt for her own .

- Adoption will not hereinafter divest any
of one of property which had vested in him
prior to the adoption .
- Later part of the ACT 1956 deals with
Maintenance.