Is Hindu Law "Lex Loci" or a "Law of Status"?
Yes, it is true to say that Hindu law is not lex loci, but a law of status.
A. Meaning of Lex Loci
Lex loci means the "law of the place." In a lex loci system (like Criminal Law or Contract Law in India), the law applies to everyone residing in a specific territory, regardless of their religion or background.
B. Meaning of Law of Status (Personal Law)
A "law of status" (or personal law) follows the individual wherever they go. It is attached to the person's identity and religious status.
C. Hindu Law is a Law of Status for below reasons:
Identity-Based: Hindu law applies to a person because they are a "Hindu" by religion. It does not matter if they live in Delhi, London, or New York; their personal matters (like marriage or adoption) are governed by Hindu law unless they choose to opt out through civil laws like the Special Marriage Act.
The Rule of Migration: If a Hindu family migrates from one part of India to another (e.g., from a region following Mitakshara to one following Dayabhaga), they carry their personal law with them. The law of the new place (lex loci) does not automatically apply to their internal family matters.
Status by Birth: Rights in a joint family (coparcenary) are acquired by the status of being born into that family. This is a classic example of "status" over "contract" or "territory."
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