Document Fragment View

Matching Fragments

5. We have considered the rival submissions made by learned counsel for the parties, and perused the record.

6. Section 3(a) of the Act 1956 defines 'custom' as follows:

“The expressions, 'custom' and 'usage' signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy: and Provided further that, in the case of a rule applicable only to a family, it has not been discontinued by the family”.