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Apr 12, 2009
Sir H.S. Gour's Hindu Code Volume 1, Fifth Edition.
"Custom defined. - Custom is an established practice at variance with the general law.
Nature of custom. - A custom varying the general law may be a general, local, tribal or family custom.
Explanation 1. - A general customs includes a custom common to any considerable class of persons.
Explanation 2. - A custom which is applicable to a locality, tribe, sect or a family is called a special custom.
Custom cannot override express law -
(1) Custom has the effect of modifying the general personal law, but it does not override the statute law, unless it is expressly saved by it.
(2) such custom must be ancient, uniform, certain, peaceable, continuous and compulsory.
Invalid Custom - No custom is valid if it is illegal, immoral, unreasonable or opposed to public policy.
Pleading and proof of custom - (1) He who relies upon custom varying the general law must plead and prove it.
(2) Custom must be established by clear and unambiguous evidence."
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