Law: Divorce Act (IV of 1869)

Section: 18, 19

Law: Christian Marriage Act, 1872

Section: 88

Divorce Act (IV of 1869) Ss. 18 & 19-Prayer for declaration that marriage be declared null and void on ground that "parties are within prohibited degrees of consanguinity or affinity"-"Prohibited degree" to be ascertained by "personal law" applicable to parties-"Personal law" of the parties is the law of religion to which parties belong-Hindu converts to Christianity cease to be governed by Hindu Law of prohibited degrees of consanguinity after their conversion-Christian Marriage Act (XV of 1872), S. 88. s Where the question was whether Hindu converts to Christianity can claim to continue to be governed by Hindu Law of prohibited degrees of consanguinity in matters of marriage even after they had abandoned Hinduism. Held: Whatever be the sect of Christianity, it has its own rules of prohibited degrees of consanguinity, and these rules cannot be modified or altered or supplemented by the rules of an alien religion. Religious practices maybe modified by custom, but the burden of Proving that such a modification is permitted by the religion affected by the alleged custom and the burden of proving that the practices of a religion have been modified by a custom fall very heavily on the party relying on the alleged custom. Converts to Christianity cannot invoke the rules of the religion renounced by them on any matter on which Christianity has its own rules. Royden on Divorce, 8th Edn., p. 82; Kamawati v. Digbijal Singh A I R 1922 P C 14; Rattigan on Divorce, 1938 Edn., p. 298 ; Saldanha v. Saldanha A I R 1930 Born. 105; Mulla's Hindu Law, 9th Edn, S. 7; Lopez v. 'Lopez I L R 12 Cal. 706 and Abrakam v. Abraham 9 M I A 199 ref. Dates of hearing: 11th, 18th, 23rd June and 12th November 1973.                                                                                                            JUDGMENT DORAB PATEL, J.----This is a reference under…