The Calcutta Law Journal. 1st September 1929

In a case where the personal law of the plaintiff was Mahomedan law and the personal law of the defendant was Hindu law the law which would determine their relations arising dut of dealings between them would be Hindu law and not Mahomedan law. [...] The applicant in this case being in the position of the plaitiff while the defendant was a Hindu the Mahomedan law could have no application to the case and the application ought to fail on this ground alone. [...] In cases of such conflict the law to be applicable has to be determined by the application of the rules of Private International Law English °Private International Law proceeds on the assumption that the personal law of a person is the law of his domicil and proceeds to lay down rules for deciding questions of conflict on that basis. [...] the Hindu the Moslem and the Anglo-Indian systems of personal law which are applied in British India—falls also within the scope of the subject." Applying the principles of Private Inter national Law to this question we are met at the threshold with the principle that the personal law of the wife during marriage follows that of the huband. [...] Nor was a consideration of the question necessary in that case which arose out of prosection for bigamy as their Lordships found against the accused's plea that by her conversion her marriage had been annulled on the group that even the conditions prescribed by the Hedaya for the annulment of such a marriage had not been fulfilled in that case.