This document discusses the concept of custom as a source of law in Hindu law. It defines custom as a habitual course of conduct generally observed in a community. There are three types of customs: local customs which prevail in a defined locality, general customs which are operative throughout a realm, and family customs which concern adoption, marriage, descent, and property devolution within a family. For a custom to be considered valid, it must be reasonable, certain, ancient, not opposed to any law or morality, continuous, and have obtained the force of law through long usage and acceptance. The document provides examples and explanations of each type of custom and the essential requirements for a custom to be recognized as a valid source of law.

1. FAMILY LAW
B.COM LLB (HONS) SEM:-5
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2. Made by :-
PARTH SABHAYA
&
PARSHV PATEL
SUBMITTED TO :- HEENA MAM
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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”
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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.
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6. CUSTOM A SOURCR OF LAW
There are three type of custom:-
1. LOCAL CUSTOM
2. GENERAL CUSTOM
3. FAMILY CUSTOM
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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.
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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.
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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.
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10. Essentials of valid custom
(A) Custom must also be reasonable. This means that it
should be in accordance with the rules of justice, equity and
good conscience.
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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.
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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.
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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.
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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.
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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.
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16. THANK YOU
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