AIR 2017 SUPREME COURT 5797 ::2018 (1) ABR 721 ::(2018) 1 WLC(SC)CVL 313 ::(2018) 139 RevDec 384 ::(2018) 1 HinduLR 599 ::(2018) 2 CivLJ 772 ::(2018) 1 All RentCas 62 ::(2018) 2 CivilCourtC 239 ::(2018) 2 RecCivR 687 ::(2017) 13 Scale 763 ::AIR 2018 SC (Civil) 705 ::(2018) 2 AllMR 938 (SC) ::(2018) 1 Cal HN 118 ::(2018) 2 ICC 205 ::(2018) 2 Mad LW 260 ::2018 (11) SCC 119 ::(2018) 127 All LR 270 ::(2018) 2 AndhLD 7 ::(2018) 183 AllIndCas 86 (SC)

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): N. V. Ramana, Amitava Roy , JJ

(A) Hindu Adoptions and Maintenance Act (78 of 1956) , S.3(a)— Custom - Ingredients for establishing valid custom - Explained. Under S. 2(a) of Act, following ingredients are necessary for establishing valid custom:- a. Continuity. b. Certainty. c. Long usage. d. And reasonability As customs, when pleaded are mostly at variance with general law, they should be strictly proved. Generally, there is presumption that law prevails and when claim of custom is against such general presumption, then, whoever sets up plea of existence of any custom has to discharge onus of proving it, with all its requisites to satisfaction of Court in most clear and unambiguous manner. It should be noted that, there are many types of customs to name few-general customs, local customs and tribal customs etc. and burden of proof for establishing type of custom depend on type and extent of usage. It must be shown that alleged custom has characteristics of genuine custom viz., that it is accepted willfully as having force of law, and is not mere practice more or less common. Acts required for establishment of customary law ought to be plural, uniform and constant. Custom evolves by conduct, and it is therefore mistake to measure its validity solely by element of express sanction accorded by courts of law. Charact....