The Calcutta Law Journal October & November 1929

Surely the Regulating Act or the Government of India Act was not intended to alter the character of the Hindu marriage in anticipation of a case like the present seeing that in a Hindu marriage even of a graduate girl of the University of Calcutta the consent or the want of consent of the bride is a matter of indiffeence on the question of the validity of the marriage. [...] The very object of a Hidu marriage is the performance of religious duties by the husband in the company of the wife. [...] The result of that would be that the personal law of the wife would stillbe determined by the personal law of the husband and for the husband's personal law a reference would be made to the law of germany. [...] But as in Germany the personal law of the husband would be deemed to be that of his nationality i.rrespegitive of domicil there would be a reference back to the Scottish law by renvoi and thus by deduction thepersonal law of the wife would be the law of Scotland. [...] There is a marked difference between this power and the power to stay suits under section to of the Civil Procedure Co le Wheras the exercise of the statutory power is obligatory on the Courts if the conditions laid down in the section are satisfied the exercise of the inherent power is purely discretionary.