Hindu Law is not Lex Loci

Hindu law is not lex loci because it is a personal law, not a territorial law. Lex loci, which is Latin for "law of the place", refers to laws that apply to all people in a given territory.

It should also be noted that the Hindu Law is not a territorial law. In other words it is not a “lex-loci" (law of Locality i.e., which applies only to a particular locality or State) but a "personal law”. It means that a Hindu, in whatever country he may be, is governed by Hindu Law in all personal matters. Territorial law of that country would not apply on the personal matters' of that Hindu.

Effect of Migration

It follows, therefore, that where a Hindu migrates from one part of the country to another, the presumption is that he retains the laws and customs of the region from which he comes and is not subject to the law of the place to which he migrates. This presumption has to be rebutted by showing that the family has adopted the law and usages of the State to which it has migrated. But if a person has a permanent residence in one State, the mere fact that he is living in another State in connection with his employment would not amount to migration. Therefore, Hindu Law is called the personal law, i.e., wherever a Hindu goes, he carries the provisions of Hindu Law with him. His rights and obligations respecting his personal or family matters shall be determined by Hindu Law, It is the law existing at the time of migration that continues to govern the migrated family. Any change in the law or the customs in the State of origin, after a family has left it will not affect the migrated family. It is. however open to the migrated family to renounce the law and the customs of his place of origin and to adopt those of the State to which it has migrated.