Section 16
Law administered by Courts to Natives.
The Madras Civil Courts Act, 1873
About this Act
An Act to consolidate and amend the law realating to the Civil Courts of the Madras Presidency subordinate to the High Court.
Where, in any suit or proceeding, it is necessary
for any Court under this Act to decide any question regarding succession, inheritance, marriage or
caste, or any religious usage or institution,
(a) the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties are Hindus, or
(b) any custom (if such there be) having the force of law and governing the parties or property concerned,
shall form the rule of decision, unless such law or custom has, by legislative enactment, been altered or abolished.
(c) In cases where no specific rule exists, the Court shall act according to justice, equity and good conscience.
(a) the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties are Hindus, or
(b) any custom (if such there be) having the force of law and governing the parties or property concerned,
shall form the rule of decision, unless such law or custom has, by legislative enactment, been altered or abolished.
(c) In cases where no specific rule exists, the Court shall act according to justice, equity and good conscience.