Hindu law Conflicts with 1850 Act.
N.K.Assumi
(Querist) 17 September 2008
This query is : Resolved
India is a secular State as we all know. If so,that section 13 and 13A of the Hindu marriage act of 1955, is a direct conflicts with Caste Disabilities Removal Act of 1850. As the 1850 is not confined to propriety rights alone but all other personal or non propriety rights including conjugal rights also. therefore disruption of the matrimonial rights of any spouse on the ground of religion only is unreasonable.
Moreover,if the converted spouse is committed to the matrimonial obligations despite conversion is it a ground for divorce? If so, its a bad law.
ARVIND JAIN
(Expert) 17 September 2008
in case of conversion, HMA is clear and will prevail over the CDR act being later legislation.If you feel that it is bad and ultra virus ,you may challenge the same but I dont agree with your view.
