Report No. 59

9.5. Scheme proposed as regards section 19.-

The scheme which we have in mind is, in other words, this-

(i) Where the persons marrying are Hindus, Buddhists, Sikhs or Jains, the marriage should, in no case, result in a severance of status. The law otherwise applicable-i.e. the Hindu Law-will continue to apply, both as regards undivided property and as regards divided property.

(ii) Where, of the persons marrying, only one-the male coparcener-is a Hindu, and the other spouse is a non-Hindu, the Indian Succession Act will continue to apply and there will be severance also.

We are also aware that besides the two situations mentioned above, there is a third situation, where neither party is a Hindu. This could arise if the person marrying i.e. a Hindu Coparcener, has changed his religion before marriage. In such a situation, section 19 does not, by its terms, apply. His "pre-marriage" conversion may, of course, result in severance, apart from the statutory provision in section 19.

It may be noted that the embracing of Christianity by a person effected a division of status. This was the decision of the Privy Council in Abraham v. Abraham, (1861-1863) 9 MIA 195: 1 WR 1: 2 Sar 10: 1 Suther 501 (PC). Here, section 19 is not of any relevance. We are accordingly proposing a new section1 to override section 19 in cases where both the parties are Hindus.

1. See section 21A proposed, in para. 9.12, infra.