[nukkad] Custom and law

["Dr.M.C. Gupta" <>]

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Law is not merely the Constitution or the statute. It has many more
components, about 5-6 more. One of them is custom. A custom has full force
of law. However, what is a custom must satisfy the legal requirements laid
down in jurisprudential texts and leading judgments and generally accepted
by jurists.

EXAMPLES-- Marrying husband's younger brother on the demise of the husband;
Polyandry. Both these are common in certain societies in India.[Punjab;
HP]. Also, marrying a cousin. [In certain segments of South India].

Even sapt-padi is not sacrosanct. If it can be proven to judicial
satisfaction that the custom of any other form marriage other than the
Sapt-padi is prevalent in the society, the marriage would be held as legal.


Since the fact of marriage is vitally connected to the welfare of the two
individuals concerned and their offspring and the property rights of all,
courts are very often called to decide upon the legality of marriage. The
case of Munna Bhai is topical and current. The latest: his so called wife is
not legally divorced from previous marriage, hence the actor is guilty of
the criminal act of adultery and bigamy. The court was hearing a petition by
the husband of the girl, who is in jail. [What a wonderful threesome! The
actor is now a jailbird. He marries the wife of another in his absence. The
two go to Goa for the purpose and marry under a Goa Act. The word leaks. The
marriage is questioned. It transpires that the marriage was based upon false
statements made by the couple. The marriage is annulled by the Registrar of
marriages Goa. There is more trouble. Manyata's husband files a criminal
complaint from jail, accusing the Bhai of having pinched his wife in his
absence, accusing him of adultery and bigamy].  BTW, it was not for nothing
that the bhai's sisters did not attend his marriage with Manyata. [Women are
smart. A man cannot make a fool of his mother, sister or wife. And, he can
fool his daughter only when she is still a child. God has gifted women with
that intution and sixth sense or gut feeling just in order to equip them
against exploitation by men.

http://www.writing.com/main/view_item/item_id/1403200

 http://www.writing.com/main/view_item/item_id/1404101


M C Gupta
-- 
Prof. M C Gupta
MD (Medicine), MPH,  LL.M.,

Advocate & Health and Medico-legal Consultant

mcgupta44@gmail.com
www.writing.com/authors/mcgupta44
http://mcgupta44.blogspot.com/

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