Section 16 of MCCA : Section 16: Law Administered By Courts To Natives

Explanation using Example

Imagine a situation where a Hindu man passes away without leaving a will, and a dispute arises among his heirs regarding the division of his property. The case goes to a Civil Court in Madras. According to Section 16 of The Madras Civil Courts Act, 1873, the court will apply the Hindu law to decide the matter, as the parties involved are Hindus.

If, however, the man belonged to a community that follows a specific custom that differs from the general Hindu law and has the force of law, the court would apply that custom instead, provided it has not been altered or abolished by any legislative act.

In the absence of a specific law or custom, the court would make a decision based on principles of justice, equity, and good conscience to ensure a fair outcome for all parties involved.