Frequent question: Is custom a source of Hindu law?

Why custom is source of Hindu law?

Custom is regarded as the third source of Hindu law. … (i) The custom must be ancient. The particular usage must have been practised for a long time and accepted by common consent as a governing rule of a particular society. (ii) The custom must be certain and should be free from any sort of ambiguity.

What are the source of Hindu law?

Shrutis are considered to be the major source of Hindu law. Another term for Shruti is Veda. according to Hindu law, there are four Vedas namely, Rigveda, Samveda, Yajurveda, Atharveda.

Is custom source of Hindu law name the essentials of a valid custom?

The custom must be ancient, immemorial and of long standing demonstrably to establish that by common consent they have been accepted as law governing a particular family, caste or locality as the case may be. … The Courts have generally held hundred years observance as a requirement to hold a custom ancient.

Why custom is source of law?

Custom is an important source of law and it is desirable to define the same. Custom has been defined by various jurists as per their notion, understanding, philosophy, views and opinion. The different jurists also defined custom on the basis of source, validity, practice, history &utility.

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Can a Hindu marry a non Hindu?

If a Hindu wishes to marry a person who is not a Hindu, under what law can they do so? If the couple wishes to have a religious marriage governed by Hindu law, then the non-Hindu partner must convert to Hinduism. … Christian Personal Law then governs the marriage.

What is custom under Hindu law?

Section 3 of Hindu Marriage Act, 1955 defines custom as a rule which is followed for a long time and has obtained the force of law among people of the Hindu community. It also stated that custom must be ancient, must be reasonable, and it should not be in derogation to the laws of the country.

What is custom briefly explain requirements of valid custom?

A custom will only be considered a valid law with a binding force if these requirements are fulfilled : Immemorial (Antiquity) – A custom must be ancient or immemorial so that it may be considered as a valid binding custom. … Reasonable – A custom must be within bounds of reason for it to be considered legally binding.

What are modern sources of Hindu law?

In the end, a series of four major pieces of personal law legislation were passed in 1955-56 and these laws form the first point of reference for modern Hindu law: Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), and Hindu Adoptions and Maintenance Act (1956).

Is an example of customs as a source of law?

Custom as a Source of Law: A custom, to be valid, must be observed continuously for a very long time without any interruption. … However, every custom need not become law. For example, the Hindu Marriages Act, 1955 prohibits marriages which are within the prohibited degrees of relationship.

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What are the characteristics of the custom law in India?

What are the features of custom duty?

  • Customs duty is applied to the movement of goods irrespective of sales or purchase.
  • Customs duty is a tax which is applied indirectly by government.
  • Customs duty is applicable only on goods, not on services.
  • Education cess is applied to it too.