TITLE OF THE RESEARCH PROJECT

Comparative study on personal Laws

Submitted by
Name of the candidate
Sreelekha pujari

PRN :150103224224

Division: c, Class: BBA.LLB

Of Symbiosis Law School, HYDERABAD
Symbiosis International University, PUNE
In
February, 2015
Under the guidance of
Prf.Ambrina khan.

ACKNOWLEDGEMENGT
At the onset, I would like to thank our Director Mr. M.I.Baig of Symbiosis Law School
Hyderabad, without which this assignment would not have been possible. I thank our
Deputy Director Mr. Sukhvinder Singh Dari who gave me this golden opportunity to do
this assignment on the topic comparative study on personal Law I would also like to take this
opportunity to express a deep sense of gratitude to our prf .Ambrina Khan for his cordial
support, exemplary guidance, monitoring and constant encouragement. I am obliged to my
friends and parents for their valuable guidance and co-operation during the period of this
task. The blessing help and guidance was a deep inspiration to me.
NAME: sreelekha pujari

CERTIFICATE
The Project entitled comparative study on personal law submitted to the Symbiosis Law
School, Hyderabad for contracts I as part of final assessment is based on my original work
carried out under the guidance of Prof Ambrina Khan The research work has not been
submitted elsewhere for award of any degree.
The material borrowed from other sources and incorporated in the thesis has been duly
acknowledged.
I understand that I myself could be held responsible and accountable for plagiarism, if any,
detected later on.

Signature of the candidate

TABLE OF CONTENTS
ACKNOWLEDGEMENT2
ABSTRACT..5
RESEARCH METHODOLOGY..6
PREAMBLE..7
INTRODUCTION..7
COMPARATIVE STUDY ON PERSONAL LAW.. 12
PERSONAL LAW WHETHER AMNEABLE TO REFORM.9
SUGGESTIONS..17
AN OPT-IN UNIFORM CIVIL CODE
STRICT APPLICATION OF PERSONAL LAW
CONCLUSION.19
BIBLOGRAPHY..20

ABSTRACT
This paper focuses on the comparative studies on the personal laws ( HINDU,
MUSLIM,CHIRSTIAN,PARSIAN) in which studies how the marriage is conducted , what
are the traditions , marriage of personal laws of which from particular religion, and what are
the conditions are to applied in order to conduct the marriage according to their personal
religion laws in our country and it quite sad to reveal what are the loopholes and how
particular religion members are enjoying taking advantages of that loopholes of particular
religion. The paper further attempts to analyze the controversy by studying the bigger
question whether there was a any discrimination in a personal laws of different religion . This
research is however its have a wide scope to study the marriage customs, traditions, methods
,conditions, divorce, Advantages,Disadvantages,loopholes,This paper also gives the picture as
to whether the personal laws are amenable to reform and if yes,how such reform is supported
in india whether this personal laws will allow this reform.The paper concluded with a trilogy
of suggestions , however , first two suggestions is rejected as they both suffer from the
problem of feasibility.

RESEARCH METHODOLOGY
SCOPE AND OBJECTIVE OF THE STUDY
The objective of this research is to study the comparative of this personal laws ( HINDU ,
MUSLIM , CHRISTIAN N PARSI) how the marriage,customs traditions,are followed in this
personal laws and even to study in comparative manner how the divorce can be taken palce,
and what are the procedure in applying the divorce in various personal laws and what are the
advantages and disadvantages in this personal laws ,and also how the women has the
immunity in various personal laws n also how she was discriminated in certain personal law
and what are reforms has to be brought up in order to remove this discrimination and also a
comparative study I the areas of divorce , and maintance in this personal law
REASEARCH METHODOLOGY
The methodology adopted is largely, analytical, and descriptive. Reliance has been placed
largely on the secoundary sources like books and articles. The lecture and the classroom
discussion have been rich with valuable pointers and gave direction to the research
CHAPTERIZATION
This project has been divided in five chapters .It consists of following chapters
,Introduction(chapter-I) ,comparative Breif study of personal laws ( chapter- II) , personal
law whether Amenable to reform( chapter-III),suggestions(chapter-IV) and conclusion
(chapter-v)
RESEARCH QUESTIONS
1) Whether there was any discrimination in conduct of marriage , application of divorce
and procedure of divorce and the maintance in personal laws.
2) Whether the personal law is amenable to social reform without affecting the group
identity of particular community.
3) What are the possible solutions can be obtained in order to bring in the par of the
various personal laws.
HYPOTHESIS
As the society is changing people from the various personal laws are get
aware of their loopholes in their personal laws like in the case of muslim law how the
married men has different of adavantages when compared to women even the case
divorce how married men dominated their wife in and not only in muslim law there is
also loopholes in various religion when by taking the comparative deep study. And so
it is time to make efforts in the uniformity in the application of the personal laws. So
that every person should be applied in the same law in which because of the

uniformity of the personal law every person is treated equally and no discrimination
can be found among the gender of their own religion and from other religion.
MODE OF CITATION
A uniform system of citation is followed throughout in the contents.

COMPARATIVE STUDY OF PERSONAL LAWS

PREAMBLE:-

India is a country which abounds in personal laws,each community has its own personal
law.as The Hindus, the majority community has the separate family law ,so have the Muslims
, the biggest minority community,the small minority community , the chirstians ,parsis and
the Jews whose number in the context of the total population of india , is not very significant
too, have their own separate family laws .Although each of the community is a religious
community yet it is not necessary that their personal laws is essentially a religious law.It is
not necessary for the application of the personal that members of the community should be
ardent believers or the followers of that the religion . In most of the cases if he is the member
of the community by birth or conversion that will suffice , even though in the actual
persuasion he may be atheist , non religious,non-conformist,anti-religious or every decry his
faith ,so as long as he doesnt give up his faith and embrace other religion to which he
belongs.
INTRODUCTION
Hindus
It is difficult to define the term Hindu in reference to the religion since Hindu religion is so
diverse and multifaceted that the definition of the term Hindu in terms of Hindu religion is
almost immposible task from the point of view of the application of Hindu law the term
Hindu is a very wide connotation
a) All those persons who are the Hindus ,sikhs,Jains and the Buddhists by religion . in this
category are also included converts and reconverts to Hinduism ,Jainism or Buddhist1
b) All those persons who are born of Hindu ,sikh, Jain,or Buddhist parents. In this category
are included both legitimate aand illegitimate children of such parents.2
c) All those parents who are not muslims ,Christians,parsis or jewswho are domiciled in
india and to whom no other law is applicable.3
Hindu by religion :- Any person who is Hindu by religion in any of its forms and the
developments in a Hindu . In the course of over five hundred years of its existence ,
sometimes diametrically opposite to each other . The remarkable feature of Hindu
religion has been able to absorb and assimilate all thoughts , ideas, dissentions,practices
and professions in its fold and retained its basic unity .The fundamental ideal of the
Hindu has always has the achievement of the ultimate goals ,realisation of the self
attainment of the salvation to reach moksha, or to attain amartya
Convert or re-convert :- Any person who is a convert or re-convert to Hindusim ,Sikhism or
Jainism is a Hindu, The usual mode of conversion is by undergoing the ceremonies of a
conversion prescribed by the religion conversion is by undergoing the ceremonies of the
1 Section 2(1) clauses (a) and (b) ,Hindu marriage Act
2 Section 2(1) clauses (a) and (b) to explaination of Hindu marriage Act
3 Section 2(1)(c) Hindu marriage Act

conversion prescribed by the religion to which conversion is sought. But the Dharmashastra
did not prescribe any ceremony of conversion is sought to that of Hinduism.By the judicial
interpretation two modes of conversion have also been developed .Thus , a person will be
Hindu by conversion or re-conversion if any one of the following modes adopted:
a) If a person undergoes a formal ceremony prescribed by the religion caste ,
community or sect which he want to enter4
b) If a person expresses a bona fide intention to become Hindu accompanied by a
conduct un equivocally expressing in that intention coupled with the acceptance of his
as its members by the community or caste into fold of which he has entered.5
c) If a person bona fide declares that he has accepted Hinduism as his faith and he has
been following Hinduism for some time , he becomes Hindu.
Hindu by birth :- Under the modern Hindu Law , the children of Hindu parents are Hindus,
irrespective of the fact whether or not they follow,practice,or profess Hindusim, In Hindu
Law , the child does not necessarily take the religion of his father. A person will be Hindu by
birth in the following 2 cases:
a) A person ( whether born legitimate or illegitimate ) will be Hindu if both his parents
are Hindus
b) A person ( whether born legitimate or illegitimate ) will be Hindu
I ) one of the parent at the time of birth was Hindu
II )he was brought up as Hindu.6
Thus a child is born to a Hindu mother and muslim father in 1980 and brought up as Hindu .
in 1990 , the mother converts to islam . if now the question in which arises as to whether the
child is Hindu or not , the child will be Hindu , even though at this point of time arises
neither parent is Hindu .
Persons who are not muslims, Christians, parsis, or Jews:- Any person who is not a
muslim ,Christian , parsi or Jew it is know to be that he is Hindu
And other thing as to be mentioned there are 5 ground marriage can be considered as void
under sec 5 of Hindu marriage Act
1)
2)
3)
4)

Biagamy
Mental incapacity
Mental age
Prohibited relationship

4 Kusum v satya ILR (1930)30 CAL.99

5 Peerumal v poonuswami,AIR 1971 SC 2352
6 Myna Boyce v octaram (1961) 8 MLA 400,

5) Sapinda relationship

MUSLIM LAW
In Muslim law, the term always defined in the terms of the muslim religion, though the
orthodoxy or heterodoxy of the belief is not material7.Muslims for the purpose of the
application of Muslim falls into 2 categories:
A. Muslims by origin
B. Muslims by conversion.
a) Person who profess Islam
b) Person who undergoes the forma ceremony of conversion
Muslim by religion :- No person can be Muslim unlss he subscribes to the tenets of Islam,
anyone who subscribes to the basic tenets of Islam is a muslim. The basic tenets of the islam
are
a) The priniciples of the unity of the God--- God is one
a) The priniciples of the unity of the God --- God is one
b) Muhammed is a prophet of God
A person born of Muslim parents is muslim an it is not necessary to establish that he observes
any muslim rites or ceremonies, such as performance of the five prayers or observance of the
Ramzan fast 8such person will be continue as muslim still he renounces as Islam. Mere
observance of some forms of Hindusim or any other religion wil not make a muslim or is
considered by some as muslim
Muslim by conversion:- A non muslim may become a muslim by professing islam or by
undergoing the conversion .Before 1937, it was possible for a convert to Islam to continue to
be governed by his old personal law or custom but after the coming into force of the shariat
Act 1937,the scope of the application of old personal law and custom has been cut down
considerably.
One can convert to Islam by undergoing the ceremonies of conversion prescribed for it . The
genuinesness or otherwise of the belief in new faith is immaterial and even if the convert does
not practise Islam ,he will be muslim .But conversion should be boba fide , honest and not
colourable,pretended or dishonest.
After the shariat Act,1937 the position of convertsof Islam is under

7 Narantakath v parakhal,ILR (1922) 45 mad ,225

8 Bhagwan v Drigvijai (1941) 132 IC 779

1. All converts to Islam are gonverned by muslim law in matters relating to

marriage,dissolution of the marriage,divorce,gift,guardianship,trust properties and
wakfsan9
2. In respect of adoption,wills and legacies,a convert will continue to be governed by
custom ,unless he files a declaration on a prescribed form that in these matters he
desires to be governed by muslim law10
3. The shariat Act does npt apply to agricultural Land.
PARSIS
The parsis came and settleddown in India as a result of their persection in their native
land , Persia.They came largely frompersian province pers or pars from which word
parsi is derived.
a) Persons who are of the original Persian emigrants,who are profess Zorostrian
parents,and who profess Zorostrian faith,
b) Persons whose father is a parsi and mother an alien but admitted to
Zoroastrian faith
c) Zoroastrian from Iran who are either temporarily or permanently residing in
India.

CHRISTIANS
The Indian Chirstian Marriage Act,1872 defines the term Christian as a person professing the
Chirstian religion 11. may profess Christianity in any of its forms.Under the Act the term
Christian includes Christian descendants of native Indians converted to chirstianity as well as
such converts12 . ordinarily a person who is baptized is Christian but a person does not
become a chirstian just because of its time of his birth he is baptized particularly when he is
not in a position to tell the world as to what is his faith, at the time of the marriage.

JEWS

9 Section 2 of shariat Act

10 Sec 2 of shariat Act
11 Sec 3
12 Ibid

Any person who professes or practises Jewish religion is a jew , All those persons who accept
, every tenet of, and observe every rule and practise and conduct of the prescribed by the
Jewish religion are Jews

COMPARATIVE BREIF STUDY OF PERSONAL LAWS IN THE TERMS OF

MARRIAGE AND DIVORCE
All communites in India prescribe different rites and ceremonies for marriage among some
these are very elaborate, such as among the Hindus ,among some these are very simple such
as among the Muslims.Among certain caste and tribes a marriage come sin to existence
merely by cohabitation and no ceremonies are required.
Marriage under Hindu Law
Hindus have the prescribed very elaborate ceremonies and rites for their marriage , though in
modern Hindu law all these ceremonies are still essential the law is not yet certain . under the
Hindu marriage law , a Hindu marriage may be validly performed in the following 2 modes.
A. By performing the shastric rites and ceremonies recognized by Hindu Law
B. By performing the customary formalities which prevails in the caste, community ot
tribe to which one of the parties or both belongs.
Shastric rites and ceremonies :-The Grihiya sutra delas elaborately with the rites and the
ceremonies of the marriage. The main shastric rites and ceremonies are
kanyadan,panigrahan,vivaha-homan and saptapadi. Of these ceremonoies ,the saptapadi is
mandatory ,section 7(2) , Hindu marriage Act lays down that where the rites and ceremonies
of marriag includes the saptapadi (that taking seven steps by the bride and bridegroom jointly
befire sacred fire)the marriage becomes complete and binding when seventh step is taken It
appears that the performance of saptapadi.
Customary ceremonies:-In those castes, communities and tribes where customary
ceremonies prevail and are recognised by the law , a marriage may be validly solemnized by
performing these ceremonies.The customary ceremony of marriage must be the one which
either prevails either on the side of the bride or the bridegroom . It need not be one which I
recognized on the both sides.But customary rites and ceremonies can be recognized on the
both the sides.
MUSLIM LAW
Muslim Law provides for simple ceremonies of marriage .All that is necessary for the
performance of a Muslim Marriage is that there should be proposal of the marriage made by
or on behalf of the one of the parties to the marriage and accepted by or on behalf of other at
one and in or at the same meeting ,If the proposal is made in one meeting acceptance can be
made in the another ,it does not result in a valid contract of the marriage. The sunni Law
requires that the proposal and acceptance should be made in the presence and hearing of two

adult male witnesses, or for acceptance ,no specific world laid down though it is necessary
that what ever words are used , these must clearly and unequivocally convey the intention to
be married.The usual words ,though not prescribed are I HAVE MARRIED MYSELF TO
YOU and other says, I have consented myself to you The Ithana Ashari law required the use
of the two Arabic words tazweez and nikah .But even if proper words are not used
consummation of the marriage cures the deficiency.13 No religious ceremoniesare
essential.No writings is required either.
PARSI LAW
Under the Parsi law , the ceremony of ashirvad should be performed by a parsi priest in the
presence of two parsi witnesses.The registration of the parsi marriage is essential. It lays
down that immediately on the solmenization , the marriage should be certified by the
officiating priest in the prescribed form and the certificates are signed by the priest ,the
parties to the marriage and two witnesses present at the solemnization of the marriage .The
priest is required to send the certificate together with a fee of two rupees to the Registrar of
the place at which such marriage has been solemnized,whereupon the Registrar enter the
certificate in the certificate maintained by himfor that purpose.
CHRISTIAN LAW
The Christian Marriage Act 1872 lays down the elaborate procedure for the solemnization of
the marriages .The Three sets of the Authorites are provided for the solemnization of
marriage ,viz minister of religion,marriage registrars and persons licensed to solemnize the
marriage.
When a marriage is to be solemnized by a minister of Religion, notices of the intended
marriage, publication of such notice and a declaration by one of the parties to the marriage
are essential procedural requirements .The minister is free to solemnize the marriage in such
form of ceremonies as he thinks fit to adopt, though the presence of two witnesses other than
minister is essential.Registration of the marriage is compulsory.

COMPARTIVE STUDY OF THE GROUNDS OF DIVORCE IN THE

PERSONAL LAW

DIVORCE IN HINDU MARRIAGE ACT, 1955- FAULT GROUNDS

The Hindu Marriage Act, 1955 recognizes nine grounds of divorce which are available to
both in which any marriage solemnized, whether before or after the commencement of this
13 Rabindra Nath v state ,AIR 1956 cal 58

Act, may, on a petition presented by either the husband or wife, be dissolved by a decree of
divorce on the ground that the other party
The spouses and four-fault grounds are available to the wife alone.
Section 13(1) of the Hindu Marriage Act, 1955 under which either spouse can seek divorce
runs
Subclause (i)- ADULTERYEarlier- living in adultery
Now- Has voluntary sexual intercourse with any person other than his or her spouse
The major difference between Adultery under criminal law and under Matrimonial law
Criminal law
Matrimonial law
Committed only by a man
Can be committed both by men and women
Knowledge or belief that women is someone Knowledge or belief that he/she is not their
elses wife
own spouse
Consent of that other person
consent
1

Subclause (i-a)- CRUELTY-

Treated the petitioner with cruelty reasonable apprehension of harm may or may not be there.
Definition of crueltyNo precise definitioin of cruelty exists, nor is it possible to do so. Cruelty can be subtle or
brutal. It may be physical or mental. It mey be by words, gestures or by mere silence.
Russel v. Russel- explained cruelty- conduct of such a character as to have caused danger to
life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such
danger
Matrimonial Causes Act, 1973- the respondent has behaved in such a way that petitioner
cannot reasonably be expected to live with the respondent
Intention to be cruel is not material- Sayal v Sarla
The act or conduct constituting cruelty may not be aimed at the petitioner directly (Bhagwat
v. Bhagwat)
CLASSIFICATION OF CRUELTY1
2

Physical cruelty
Mental crueltyN. Sreepadachanda v. Vasantha
Dastane v. Dastane
Bhagat v Bhagat

Subclause (i-b)- DESERTION

Withdrawal not only from a place but from a state of thing and also running away from
performance of matrimonial obligation
KINDS OF DESERTION1

ACTUAL DESERTION
Conditionsi Factum of separation
plus
ii Animus deserdendi- intention to desert
iii Without any reasonable cause
iv
Without consent of the other party
v
For a period of 2years

CONSTRUCTIVE DESERTION- all the above conditions but not factum of physical
separationCasesBipinchandra v. Prabhavati
Lachman v. Meena
Jyotish Chandra v. Meera

WILFUL NEGLECT
Termination of Desertion1
2
3

Resumption of cohabitation
Resumption of marital intercourse
Supervening animus revertendi- offer of reconciliation

4 Subclause (ii)- CONVERSIONCeased to be a hindu

converted to another religion
5
1

Subclause (iii)- INSANITY-

UNSOUNDNESS OF MINDIncurable
Of such a kind and such an extent that the petitioner cannot be reasonably be
expected to live with the respondent.
MENTAL DISORDERContinuous and intermittent of such a kind and such an extent that the petitioner
cannot be reasonably be expected to live with the respondent.
EXPLANATION1 Mental illness- arrested or incomplete development of brain

Psychopathic disorder- disability of mind

Any other disorder or disability which includes schizophrenia

5 .Subclause (iii)- LEPROSYvirulent and incurable leprosy
No duration of leprosy is specified
6 Subclause (iV)- VENERAL DISEASEcommunicable form
No duration
7 Subclause (V)- RENUNCIATION OF THE WORLDmust have renounced the world
must have entered some religious order
8

Subclause (Vi)- PRESUMPTION OF DEATH-

Presumed to be a dead if he or she is not heard of as alive from all those who would have
naturally heard about him or her had been alive for 7years or more.
Where as sec 13 (1) in which both parties apply for divorce where as sec 13(2) there 4 are
special provisions for the wife
1)
2)
3)
4)

Polygamy
Un natural offence committed by the husband like Rpe ,sodomy,Beotiality
Non resumption of cohabilitation
Repudation of the child marriage.

Apart of the Divorce parties can also go for Restitution of conjugal righrs and also for judicial
separation if they feel there marriage is void or voidable.
UNDER MUSLIM LAW DIVORCE CAN BE TAKE PLACE BY
1) Extra judicial Divorce
Which is by Husband ( Talaq,Ila, Zihar) by wife (Delegated Talaq) ,By mutual
Agreement ( khula,mubarat)
2) Judicial Divorce (By wife under dissolution of marriage under muslim marriage
act
DIVORCE BY WIFE
A muslim women has no independent right of divorce ,she cant divorce her
husband when ever she likes as her husband may do,under muslim law divorce by
wife is only possible in three situations
1) where the husband delegates to the wife the right of Talaq
2) where she is party to divorce by mutual consent (Khula and mubarat)
3) where she wants to dissolve the marriage under the Dissolution of Muslim
Marriage Act 1939

THE DISSOLUTION OF THE MUSLIM MARRIAGE ACT,1939

The act is in which the wife married under muslim law may file a petition for divorce there
are 9 grounds in which seven grounds are matrimonial guilts of the husband of the husband
which entitle a wife to get her marriage dissolved by the court of law and these nine grounds
are
1)Husband is missing for four years
2)Husband failure to maintain wife for two years
3)Imprisonment of Husband for seven years
4)Husband failure to perform marital obligation for three years
5)Husband Impotency
6)Husband insanity,Leprosy or veneral disesase
7)Option of puberty
8)Cruelty by Husband
Any other ground Recognised as the valid for the dissolution for marriage under Muslim Law
CHRISTIAN LAW
In Christian personal law in which divorce cannot be taken by their personal law in which no
section deals which the divorce in the christian personal Law if the parties want to take
divorce they have to apply divorce in the Indian Divorec Act.

PARSI PERSONAL LAW

The conditions of the divorce in the parsi law is almost similar to the Hindu personl LAW
PERSONAL LAW ( HINDU,MUSLIM,CHRISTIAN PARSI) IS AMENABLE TO
REFORM?
The Hindu law discriminated against women by depriving them of inheritance, remarriage
and divorce. Their condition, especially that of Hindu widows and daughters, was poor due
to this and other prevalent customs, even in the British and social reformers like ishwar
Chandra vidya sagar were instrumental in outlawing such customs by getting reforms passed
through legislative processes. Since the British feared opposition from orthodox community
leaders only the Indian Succession Act 1865, which was also one of the first laws to ensure

women's economic security, attempted to shift the personal laws to the realm of civil14 The
Indian Marriage Act 1864 had procedures and reforms solely for Christian marriages There
were law reforms passed which were beneficial to women like the Hindu Widow Remarriage
Act of 1856, Married Women's Property Act of 1923 and the which in a significant move,
permitted a Hindu woman's right to property.
The call for equal rights for women was only at its initial stages in India at that time and the
reluctance of the British government further deterred the passing of such reforms. The All
india Women's Conference (AIWC) expressed its disappointment with the male-dominated
legislature and Lakshmi Menon said in an AIWC conference in 1933 If we are to seek
divorce in court, we are to state that we are not Hindus, and are not guided by Hindu law. The
members in the Legislative assembly who are men will not help us in bringing any drastic
changes which will be of benefit to us.The womens organisations demanded a uniform civil
code to replace the existing personal laws, basing it on the Karachi Congress resolution
which guaranteed gender-equality.
Apart from being an important issue regarding secularism in India, it became one of the most
controversial topics in contemporary politics during the Shah Bano case in 1985. The debate
then focused on the Muslim Personal Law which is partially based on the Sharia law and
remains unreformed since 1937, permitting unilateral divorce and polygamy in the country.15
So to the regard of this yes personal laws can be amenable in certain cases like Hindu
sucession act in which female members has given importance and aslo it has to amend a lot
because still there are loopholes like triple talaq in muslim law were still muslim women is
suffering still legislative is not talking followings step because of their selfish motive in
loosing their votes.
SUGGESTIONS
AN OPT IN UNIFORM CIVIL CODE :Article 44 of the Indian constitution directs the state to endeavour to secure for the
citizen a uniform civil code through out the territory of India , over the years , the
uniform civil code has met sustained resistance from the conservative muslims.The
opt in solution has called for the promulgation of a UCC that women has choosen law
as a governing their marriage.This solution allows women choice while not
threatening the traditional religious personal law regime ,women were given the
choice of the secular and more favourable law in the event that they are faced with
14 Charan singh v Guridal singh,AIR 1961
15 Hayat v Nawaz AIR 1953

inequitable personal law remedies without any threat of invalidation of the personl
law as whole.
SEVERAL PROBLEMS
1.The assumption of a Robust secularism :-secularism is an essential prerequistic in
establishing the trust of minority communication in the state.with out suh trust in the
neutrality of the government ,minorities,particularly muslims who has been
discriminated against for decades ,are unlikely to acquiesce to relinquishing of their
laws
For instance of in the Hindutva cases , the supremecourt held that references by the
Hindu Right to ideologies off Hindu nationalism or Hindutva were not violationsof
sec 123(3) of the Representation of the people Act ,1951,which bars appeals to
religionand communalism in attempts to gain votes Rathe rHindutva was construed by
the courts as general reference to the indian culture
Relying on two cases ,sastri yagnapurushadi and others v muldas Bhudardasvaishva.
2.The Assumption of the political will to better womens statusThe enactment of personal law especially in the concentration of the muslim
women(protection of Rights on Divorce)Act 1986 shows the exent of the which
womens rights are susceptible to political pressure and manipulation.The Act
overturning the Shah Bano judgement was passed by a political fearful congress
government under pressure from the muslim conservatives is an example of how
communal politics can serve up gender justice on a platter if it suits.The supremecourt
of India in her favour granting her continued maintence in
reaction,fundamentalists,both Hinduand Muslim, mobilized a discourse of identity
that threatened to unset congress ,the leadinfg party and tear Indian society apart
along communal lines ,Muslims ,the congress led Indian parliament passed the MWA
1986 that revrsed the court decision.

II. STRICT APPLICATION OF PERSONAL LAW

The arugument from the conservativesis the law is misapplied ,the following can be
stated the misconceptions
In the Hindu law where though the laws are in which with out any discrimination of
the both parties still certain amendments has to made in the areas of the domestic

voilance in which some times women of the bride groom with willfull intention files
against her husband with will full moto
In the case pf the Muslim law the Triple talak which is the most unfavarable from the
recognized in Islam,is incorrectly practiced by Muslim men.The way in which men
have used it-in one sitting is disapproved of because it contravens the rules set out in
the Quran
In the case of the Christian law the personal Law doesnot deal with the Divorce in
which the parties has to go for the Indian Divorce Act in which if the parties want to
separate from the marital life.
Conclusion
In the above mentioned in the discussion it is clear that what is personal laws how it
was derived amd also how the personal laws are derived from the ancient like how
Hindu ,muslim,Christian parsi law was derived what are the traditions which includes
what are the marriage ceremonies of the marriage in the personal laws and also what
is the process of the divorce in the various laws,and highlighting the looples of the
muslim law how women were suffering and mens are taking the advantages of this
muslim law and what are the steps in which legislative has to take in order to
eliminate the discrimination in that law like triple talaq and also this project is also
foucsing on the marriage of the Christian law and the divorce in which and what are
the amendements need to be get in the Christian law for the application of divorec in
which Christian Law lacks.and also this projects focused on the uniform civil code in
which what are the advantages of getting uniform civil code .

BIBLIOGRAPHY
www.famiy.law
https://en.wikipedia.org/wiki/Hindu_law
https://en.wikipedia.org/wiki/The_Hindu_Marriage_Act,_1955
https://sites.google.com/site/indiandivorcelaws/grounds-of-divorce-under-hindumarriage-act-1955
https://en.wikipedia.org/wiki/Christian_Personal_Law#Adoption
http://www.legalserviceindia.com/article/l418-Muslim-Marriage.html

http://www.legalhttps://en.wikipedia.org/wiki/Uniform_civil_codeserviceindia.com/ar
ticle/l393-Divorce-under-Muslim-Law.html
http://www.prsindia.org/uploads/media/Acts/The%20Personal%20Laws
%20(Amendment)%20Act,%202010.pd