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Union of India - Section

Section 5 in Central Provinces Laws Act, 1875

5. Rule of decision in cases of certain classes.-

In questions regarding inheritance, special property of females, betrothal, marriage, dower, adoption guardianship, minority, bastardy, family relations wills ,legacies, gifts, partitions or any religious usage or institution, the rule of decision shall be the Muhammadan law in cases where the parties are Muhammadans, and theHindu law in cases where the parties are Hindus, except in so far a such law has been by legislative enactment altered or abolished, or is opposed to the provisions of this Act:Provided that when among any class or body of persons or among the members of any family any custom prevails which is inconsistent the law applicable between such persons under this section, and which, if not inconsistent with such law, would have been given effect to as legally binding, such custom shall, notwithstanding anything herein contained, be given effect to.