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Schoools of Hindu Law

The document discusses the evolution and interpretation of Hindu law, emphasizing the significance of ancient texts such as Shrutis and Smritis. It outlines the essential characteristics of valid customs as per the Hindu Marriage Act, 1955, including continuity, clarity, and adherence to public policy. The burden of proof for customs lies with the party asserting their existence.

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Mehar Kaur Gill
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17 views1 page

Schoools of Hindu Law

The document discusses the evolution and interpretation of Hindu law, emphasizing the significance of ancient texts such as Shrutis and Smritis. It outlines the essential characteristics of valid customs as per the Hindu Marriage Act, 1955, including continuity, clarity, and adherence to public policy. The burden of proof for customs lies with the party asserting their existence.

Uploaded by

Mehar Kaur Gill
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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‎expanded the very concept of hindu law

‎modified,interpreted Smritis
‎something that has been heard of
s‎ ingle interpretation is commentary and
‎Digests and Commentaries ‎many are digests
s‎ acred words of god, revealed to sages by
‎god themselves
‎Shrutis ‎ ayabhaga and mitakshara re v imp
d
‎commentaries
‎most imp and essential of all

s‎ acred,pure utterance, enshrined in Vedas(4),


‎Upishads(18),vedangas(6) ‎Ancient Sources of ‎traditions that have been followed since ages

‎Hindu Law ‎ ave been under constant observation of


h
‎people
s‎ omething that has been present for a really
‎long time
‎Smritis ‎ urden of proof lies with the party, who
b
‎relies on custom to prove that the custom
‎two types, dharmasutra and dharmashashtra 
‎exists
‎Customs
‎ ection 3(a) of Hindu Marriage Act,1955
S
‎defines customs and usage as that they
‎signify any rule which has been continuously
‎and uniformly observed by people for a
‎really long time and hence have obtained the
‎force of law

‎essentials of a valid custom are:

‎i) should be continuous in practice

‎ii) shouldn't be vague

‎iii) should be continuous form of custom

‎iv) should be clean and clear

‎ ) shouldn't oppose the public policy which


v
‎will effect the interest of the public

‎vi)must hv time antiquity

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