The Oudh Laws Act, 1876

This Act may be called the Oudh Laws Act, 1876. Local extent.— It extends only to 1* * * Oudh; Commencement.—and it shall come into force on the passing thereof

Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch

The law to be administered by the Courts of Oudh shall be as follows:— (a) the laws for the time being in force regulating the assessment and collection of land-revenue; (b) in questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, gifts, legacies, partitions, or any religious usage or institution, the rule of decision shall be— (1) any custom applicable to the parties concerned which is not contrary to justice, equity or good conscience, and has not been, by this or any other enactment, altered or abolished, and has not been declared to be void by any competent authority; (2) the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties are Hindus, except in so far as such law has been, by this or any other enactment, altered or abolished, or has been modified by any such custom as is above referred to: (c) the rules contained in this Act: (d) the rules published in the Official Gazette as provided by section 40, or made under any other Act for the time being in force in Oudh: (e) the Regulations and Acts specified in the second schedule hereto annexed, subject to the provisions of section 4, and to the modifications mentioned in the third column of the same schedule: (f) subject to the modifications hereinafter mentioned, all enactments for the time being in force and expressly, or by necessary implication, applying to 1[the territories which, immediately before the 1st November, 1956 were comprised in Part A States and Part C States] or Oudh, or some part of Oudh: (g) In cases not provided for by the former part of this section, or by any other law for the time being in force, the Courts shall act according to justice, equity and good conscience.

All local customs and mercantile usages shall be regarded as valid, unless they are contrary to justice, equity or good conscience, or have, before the passing of this Act, been declared to be void by any competent authority.

Where the amount of dower stipulated for in any contract of dower by a Muhammadan is excessive with reference to the means of the husband, the entire sum provided in the contract shall not be awarded in any suit by decree in favour of the plaintiff, or by allowing it by way of set-off, lien or otherwise to the defendant; but the amount of the dower to be allowed by the Court shall be reasonable with reference to the means of the husband and the status of the wife. Rule applicable after husband’s death.—This rule shall be applicable whether the suit to enforce the contract be brought in the husband's life time or after his death