Effect of Conversion | Family Law - CLAT PG PDF Download

Effect of Religious Conversion on Applicable Law: Abraham v. Abraham (1863)

In the case of Abraham v. Abraham (1863), the Privy Council examined the impact of conversion from one religion to another on the legal framework governing the convert.

Background

• Abraham's ancestors were Hindus who converted to Christianity.

Case Details

• Upon the death of M. Abraham, his widow filed a lawsuit to claim his property.
• M. Abraham's brother, F. Abraham, contested the lawsuit.

Abraham's Argument

• F. Abraham argued that their ancestors remained subject to Hindu Law despite the conversion to Christianity.
• He claimed entitlement to the entire property based on the Hindu Law of survivorship, which applies to joint Hindu families.

The Privy Council Rulings on the Conversion of Hindus to Christianity

• Severance from Hindu Family: The conversion of a Hindu to Christianity effectively severs their connection with the Hindu family.
• Renunciation of Hindu Law: A convert has the option to renounce Hindu Law but is not obligated to do so. They may choose to abide by the old law despite renouncing the old religion.
• Post-Conversion Conduct: The conduct of the convert after conversion determines the law by which they elect to be governed.

M. Abraham's Case

• In the case of M. Abraham, it was observed that he married a Christian woman of mixed English and Portuguese descent.
• He also adopted English dress and mannerisms.

This conduct indicated his choice to be governed by laws other than Hindu Law. As a result, the defendant's argument based on Hindu Law of survivorship was rejected.

Abraham v. Abraham Principle and Its Application in Sri Gajapathi Radhika Case

• The principle from Abraham v. Abraham was supported in the case of Sri Gajapathi Radhika v. Sri Gajapathi Nilamani(1870).
• The Privy Council, reiterating the Abraham principle, stated that a converted Christian can either renounce Hindu Law or continue to be governed by it.
• In Sri Gajapathi Radhika v. Sri Gajapathi Nilamani, it was noted that a family ceasing to be Hindus in religion could still enjoy their property under Hindu Law, as demonstrated in Abraham v. Abraham.

Indian Succession Act, 1865

• The Indian Succession Act, 1865 was enacted to govern the principles of succession mainly for British Christians, including Indian Hindu converts, while exempting Hindus and Muslims from its scope.
• The Act aimed at codifying the law of succession for other persons, despite its limited applicability.

Ponnusami Nadan v. Dorasami Ayyan Case

• In the case of Ponnusami Nadan v. Dorasami Ayyan(ILR (2) Mad. 209, 1880), it was ruled that after the enactment of the Indian Succession Act, 1865, native Christian families could not adhere to Hindu Law of succession.
• However, converts governed by Hindu Law of succession could not be deprived of rights acquired under Hindu Law prior to conversion to Christianity.

Kulada Prasad Pandey v. Haripada Chatterjee Case

• In the case of Kulada Prasad Pandey v. Haripada Chatterjee(ILR (40) Cal. 407, 1912), the Calcutta High Court held that if one member of a joint family converts to Christianity, it leads to the complete dissolution of the entire family.
• From that point, the remaining members of the Hindu family cannot be treated as members of a Joint Hindu Family.
• Moreover, if all members of a family become Christians, it does not affect their rights of coparcenarship, as they can still adhere to the old law despite the conversion.

Indian Succession Act, 1925

• The Indian Succession Act, 1925 was enacted by the British Parliament in response to the need for consolidating the law of succession due to its vast scatteredness.
• The Act consists of 11 parts,391 sections, and 7 schedules.
• It is applicable to both intestate and testamentary succession.