Custom and it's essential under family law

PPT for studant of LAW helpful for the studing of family law.in which custom topic

1. FAMILY LAW B.COM LLB (Hons) sem:-5 1

2. Made by :- PARTH SABHAYA & PARSHV PATEL Submitted to :- heena mam 2

3. CUSTOM AS A SOURCE OF LAW 3

4. CUSTOM Custom may be defined as a habitual course of conduct generally observed in a community. The Sanskrit equivalent of custom is sadachara, which means “the approved usage” or “the usage of the virtuous man” 4

5. Custom is one of the most important sources of Hindu Law. Where there is a conflict between a custom and the text of the Smritis, such custom will override the text. 5

6. CUSTOM A SOURCR OF LAW There are three type of custom:- LOCAL CUSTOM GENERAL CUSTOM FAMILY CUSTOM 6

7. LOCAL COSTOM A local custom is that which prevails in some defined locality whereas a general custom is operative throughout the realm. When the word ‘custom’ is used it refers to local custom. Halsbury defined local custom as “a particular rule which has existed actually or presumptively from time immemorial, and has obtained the force of law in a particular locality, although it is contrary to or not consistent with the common law of the realm. 7

8. GENERAL CUSTOM A general custom prevails throughout the realm and constitutes on of the common law of the country. A general custom is usually practiced by all the people living in the country and it is prevalent throughout the land. According to Keeton, a general custom must satisfy certain conditions if it is to be a source of law. It must not only be reasonable but also be followed and accepted as binding. It must be in existence from the time immemorial and should not be in conflict with the statute law of the country.   8

9. FAMILY CUSTOM A family custom is defined to be “the usages of a family transmitted successively (from father to son) according to law.” These rules chiefly concern ,adoption, marriage, descent and devolution of property. In its nature it is quite different from deshachar or local custom and stands on a different footing A family custom need not be immemorial, but it must be ancient and exact and ought to be clearly established by convic evidence. Family customs are not common amongst persons who follow Customary. 9

10. Essentials of v alid c ustom (A) Custom must also be reasonable. This means that it should be in accordance with the rules of justice, equity and good conscience . 10

11. (B) Custom must be certain. In order to make a custom definite and certain , universality in observance is absolutely necessary. If the custom is varied from time to time, there will be no universality , and consequently, it will not be a valid custom. 11

12. (C) Custom must be ancient. A custom must be of long standing, which would indicate that, by common consent, it has been accepted as the law governing a particular locality, class or family . If need not be of immemorial antiquity, but a long usage is absolutely necessary. 12

13. (D) Custom must not be opposed to any law. In order that the custom be a valid one, it is also essential that it must not be forbidden by any act of the legislature. If it is so forbidden, the Courts will not recognise such a custom, although it may satisfy all the other requirements of a valid custom. 13

14. (E ) Custom must not be opposed to morality or public policy. Although the standards of morality vary from time to time, from place to place, and from community to community, the Courts take upon themselves and responsibility of determining what is moral in the facts and circumstances of the particular case. If a custom is immoral or opposed to public policy, it will naturally not be enforced. 14

15. (F) Custom must be continuous. Continuity is pre-requisite for the validity of a custom. If a custom is well-established, it is continuous. It does not start and end by fits and starts. However, if there is a breach of a custom in a particular instance, it cannot be said that the custom is destroyed, because it may continue to be applicable thereafter. 15

16. THANK YOU 16