...of law is the area of domicile. Thus for instance, as has been pointed out, though Great Britain is one single political unit, the personal laws in Scotland are different and therefore Scotch domicile is recognised. But thi...law, for the only purpose for which it is normally relevant and which attracts it viz. personal laws of the citizens of India. The personal laws in India, as is well known, depend mostly ...citizens who are neither Hindus nor Muslims are concerned, such as, Indian Christians or Anglo-Indians, they are governed by personal laws which are all-India in character and not regional, as for...

...) while explaining “citizenship” speaks of “domicile in the territory of India, and not in the territory of a “Province” The difference in personal laws in India is also...religion or community based and a “muslim” or a “Hindu” will be governed by a single system of personal laws irrespective of where and in which State he resides.The Hon'ble Supreme Court in its semi...carry with the implications which that expression has when used in the context of international law.”The English Case laws on domicile are of little help to us as unlike in India in Great...

..., which is being followed. Therefore, there has to be only one “domicile” in India. Each citizen of this country carries with him or her, one single domicile which is the “Domicile of India” The concept of regional or provi...different laws or more precisely, different systems of laws are operating. Let us for the sake of argument imagine that in India there is one matrimonial law operating in Tamilnadu and quite another ...India is not regional based but religion or community based and a “muslim” or a “Hindu” will be governed by a single system of personal laws whether...

...question of very considerable importance—that we have to consider is whether in the expression “all laws in force” appearing in Art. 13(1) “personal laws” were included. The Solicitor General draw...or in particular areas.”15. It is clear that this is an inclusive and not an exhaustive definition of “laws in force.” Therefore, at first blush it may appear that “all laws in force,” givin...principally on two grounds. It is first contended that the personal laws applicable to the Hindus and Mahomedans in the Union of India are subject to the provisions contained in Part III of the Constitutio...

...means “provision” and not “maintenance”. That is a distinction without a difference. Nor are we impressed by the shuffling plea of the All-India Muslim Personal Law Board that, in Aiyat 241, the...keep her body and soul together? Then again, is there any provision in the Muslim Personal Law under which a sum is payable to the wife “on divorce”? These are some of the important, though agonising...wholly irrelevant in the application of these provisions. The reason for this is axiomatic, in the sense that Section 125 is a part of the Code of Criminal Procedure, not of the civil laws which define...

...secular country, India has recognized the co- existence of the multiple personal laws of all its diverse population. More particularly, the personal laws in India deals with the various a..., as a sovereign, socialist, secular, democratic republic, has effortlessly retained almost all the personal laws of its vast diverse population, marking the significance of legal pluralism and preserving its socio- cultural diversi...march of law. However, unlike the march of law in United Kingdom, in India, there is no way for law reforms in the area of personal laws and the personal proprietary and possessory rights...

...said to recognise and enforce Triple Talaq as a rule of law to be followed by the courts in India and if not whether Narasu Appa which states that Personal Laws are outside Article 13(1) of the...Legislation in India, in the field of Muslim Personal Law 143-149 5. Part 5 Abrogation of the practice of “Talaq-e-Biddat” by legislation, the world over, in Islamic, as well as, non-Islamic States 15...Counsel, that the term “Personal Laws” had not been defined in the Constitution, although there was reference to the same in Entry 5 of the Concurrent List of the Seventh Schedule. The learned counsel referred to A...

...supplied)Gajendragadkar, J. also expressed his opinion on the question whether Part III of the Constitution applies to personal laws. The learned Judge observed as follows:...should not apply. Now, it is an historic fact that both the Muslims and the Hindus in this country have their own personal laws which are based upon their respective religious texts and which embody...Constitution wanted to leave the personal laws outside the ambit of Part III of the Constitution. They must have been aware that these personal laws needed to be reformed in many material particulars and ...

...Graduate Degree in Personnel Management/Business Management/Industrial Relations from a recognised University established by law in India, Post Graduate Diploma in Labour Laws and Personal Managem...India with the following prayers:-1. That by an appropriate writ, order or direction, the respondent Company may be directed to treat the petitioner being a Legal Assistant in compliance...Graduate from a University established by Law in India or its equivalent with three years of Professional Degree. For appointment to the post of Personnel Officer, Clause 13 of Officers Service...

...have to consider is whether in the expression “all laws in force” appearing in art. 13(2) “personal laws” were included. The Solicitor General draws our attention to the definition of “...is clear that this is an inclusive and not an exhaustive definition of “laws in force.” Therefore, at first blush it may appear that “all laws in force,” giving that expression its natural meaning, would include ...Bombay Prevention of Hindu Bigamous Marriages Act, XXV of 1946, has been challenged before us principally on two grounds. It is first contended that the personal laws applicable to the Hindus and Mohomedan...

...1. This petition raises the following important questions of Constitutional law of great public importance:—(a) Whether ‘personal laws' are subject to Part III of the Constitution of India?...pre-existing customs and usages subject to qualifying conditions. Thus the statutory laws, ancient personal laws and customs and usages having force of law are intertwined and intermingled.6. According to my ...of the fundamental rights guaranteed by the Constitution. It could not be the intention of founding fathers of our Constitution to create any immunity in favour of personal laws.7. Mr. H.M Seervai, the eminen...

...Court whenever such challenge had been made in the past. Different personal laws are applicable to different communities in India. The debates of the Constituent Assembly relating to Art. 35 of the...draft Constitution corresponding to Art. 44 of the Constitution leave noscope for doubt with regard to the fact that the Constitution makers envisaged the continuance of personal laws applicable to different communities for quite so....52. Another contention of the learned Central Government Pleader was that the impugned provisions in S. 10 are codified forms of personal laws of Christians in India founded on the teachi...

...point for examination is whether the ground on which the Act is held to be invalid in the order of reference is correct.4. The citizens of India are not governed by the same laws in all.... Custom which varies from place to place has in some cases attained the force of law. If universal application is the test of a law not being discriminatory, then personal laws should all be regarded...matters. There are personal laws governing marriage, succession etc., amongst Hindus which are different from those of others. Likewise the Muslims, Christians and many others have laws of their own...

...." (Quoted by Prof. M. R. Zafer in his paper Unilateral Divorce in Muslim Personal Laws published in Islamic Law in Modern India, by the Indian Law Inst...Executive of the A.O.C. Refi nery at Digboi. Mrs. Anwara Begum was married to him at Margherita in the year 1973. Both the pi sties are Musal-mans and governed by Muslim Personal Law. The...must satisfy the court about the reasons for divorce. However, Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or what the Holy Quran laid down and the...

...past. Different personal laws are applicable to different communities in India. The debates of the constituent Assembly relating to Article 35 of the draft constitution corresponding to Article 44 of...the constitution leave no scope for doubt with regard to the fact that the constitution makers envisaged the continuance of personal laws applicable to different communities for quite sometime, if not indefinitely. Only by legislati...unsustainable in law.39. Another contention of the learned Central Govt. Pleader was that the impugned provisions in Section 10 are codified form of personal laws of Christians in ...

...personal law happens to be different from that of the plaintiff. Therefore we have here a case where there is a conflict between the personal laws of the two parties to the suit. The question of the domicile of the parties ...not possible to take the view that India is a country subject to the laws of Islam. It is true that the Courts in British India administer the Muslim law as altered and amended by statute law to...Muslim parties. But the Courts of law do so pursuant to the directions contained in the laws of India. Complete religious neutrality obtains in our country and our Courts administer laws irrespective of...

...the Division Bench were whether the vires of any personal law is available to be tested on the anvil of Part III of the Constitution of India and whether those could be treated as laws in force and as...as follows:“1. Whether the expression ‘laws in force’ in Article 13 of the Constitution of India encompasses personal laws?2. Whether the...provisions of Part III of the Constitution of India have no application in testing the legality of any personal law?3. If the answer is in the negative that personal laws do not enj...

...abroad by their own Constitutional or personal laws which do not operate outside India. But, that is not the position in the case before us. So far as the impugned action in the case before us is...a specified country, is clearly right to personal liberty exercisable outside India and yet it has been held in Satwant Singh Sawhney case to be a fundamental right protected by Article 21. This...civilisations. Socrates, in his dialogue with Crito, spoke of personal liberty. He regarded the right of everyone to leave his country as an attribute of personal liberty. He made the laws speak thus...

...file the return of income in such capacity does not jeopardise the right of India to tax his global income during that assessment year in which he remained a Resident and Ordinarily Resident in India. ..., because it cannot be said that the moment he shifted to USA, he had no permanent residence whatsoever in India or that all his vital interests in the form of personal and economic relations ceased to...resided in India for more than 183 days during the financial year 2015-16 and, therefore, he qualify to be a Resident and Ordinarily Resident (ROR) in India for the assessment year 2016-17...

...elaborate enquiry cannot be entertained by the High Court in writ proceedings under Article 226 of the Constitution of India. More so, personal laws are involved and both the petitioner and the... W.P.No.27250 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.09.2023 CORAM...Constitution of India for issuance of a Writ of Mandamus, directing the respondents to cancel the certificate of registration of marriage registered at the Office of the 3rd respondent vide...