AIR 1977 BOMBAY 289 ::1978 Mah LJ 127

Bombay High Court

Hon'ble Judge(s): Vaidya, Shimpi , JJ

Hindu Adoptions and Maintenance Act (78 of 1956) , S.10(iv), S.3(a)— Adoption of person who has completed the age of fifteen - Custom - Proof of.S.A. No.1444 of 1965, D/- 24-4-1972 (Bom), Overruled. @page-Bom290 Notwithstanding what was stated in the Dharmashastra Books, the Bombay School of Hindu Law never recognised any age limit for adoption. That is the legal custom and lex loci generally among Hindus relating to adoption in this part of the country, within the meaning of the definition of 'custom' under S.3(a) of the Hindu Adoptions and Maintenance Act. The definition of 'custom' in S.3(a) gives importance not to any particular custom or usage as opposed to Dharmashastra Text but to 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 and family. A distinction between a rule founded on custom and a rule founded on Dharmashastra is not germane to the definition of the word 'custom' in S.3(a). The definition in a way gives effect to the well-known legal maxim: "Via Trita est Via Tuta" (The beaten way is the safe way). .....