Essentials of a Valid Custom | Hindu law

State briefly what are the essentials of a valid custom. 

 A custom is a rule , which is a particular family or in a - particular district the force of law . According to manu smriti - 

     " Immemorial custom is a law " Narada has started " Custom is powerful and overruled the sacred law " . The importance of the custom has judicially recognised by the privy council in the case of collector 

Madurai VS Mootoo Ramalinga ( 1868 ) 12 M.I.A. 397 in the following observation .

      " Under the Hindu system of law , clear proof of usage will outweigh the written text of law " . The importance of custom has also been recognised in the recent statues for the Hindu Marriage Act.

   According to the privy council , customs to have the free of law , must fulfill the following condition.

a ) The 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 . It need not to be of immemorial antiquity but a long usage is absolutely necessary.

b ) It must be continuous:- continuity is pre- requisite for the validity of custom . If a custom is well established, it is continuous . It doesn't start and end by fit and start . However, if there is a breach of custom in a particular instance it cannot be said that the custom is destroyed because it may continue to be applicable thereafter.

C ) It must be certain and definite :- In order to make a custom definite and certain , universality in observance is absolute necessary. If the custom is varied from time to time , there will be no Universality and consequently , it will not be a valid custom. 

d ) it must be reasonable :- This means the ut should be in accordance with the rule of justice , equity and good conscience .

e ) It must not be opposed to the principle :- of morality has said down in the Smrities or the Sruties or against public policy on status of component legislature .

         A custom must be proud by satisfactory evidence by the person asserting it custom holds good.

Custom may be of either of the 3 type :

i ) local custom , which applied in a particular locality or district ,

ii ) class custom , applying to a class of person ,

iii ) Family custom , prevailing in a particular family, 

   

                     Whether the custom in local custom or class custom or family custom , it must be certain , ancient , continuous , reasonable and not opposed to morality public policy as an expressed status of the legislature and must be proved by clear if unambiguous evidence . In case of conflict between custom of statue the statue prevails . 

     Recent statue eg. The Hindu Marriage Act 1955 , The Hindu Succession Act , 1956 etc has presented custom and introduced uniformity in law .