Section 5 of The Punjab Laws Act, 1872 in hindi
1[5. Decisions in certain cases to be according to Native law.---In questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be---
- (1)any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has not been by this or any other enactment altered or abolished and has not been declared to be void by any competent authority;
- (2)the Muhammadan law, in cases where the parties are Muhammadans, and the Hindu law, in cases where the parties are Hindus, except in so far as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of this Act, or has been modified by any such custom as is above referred to].
Summary
- This section sets the rules for deciding family, religious, and property matters like marriage, divorce, and wills.
- First, judges must apply any valid custom shared by the parties involved.
- A custom is valid only if it is fair, has not been changed by law, and has not been declared void.
- Second, if no custom applies, judges use Muhammadan law for Muhammadans and Hindu law for Hindus.
- These religious laws apply unless they have been changed by legislation, go against this Act, or are modified by a valid custom.
Practical examples
FAQ
1. Does custom or religious law take priority in family disputes?
Custom takes priority, as religious law applies except where modified by such custom.
2. Can an unfair custom be used in court?
No, a custom cannot be contrary to justice, equity or good conscience.
3. What happens if a religious law contradicts this Act?
The religious law will not apply in so far as it is opposed to the provisions of this Act.
4. Which specific topics does this section cover?
It covers topics like succession, marriage, divorce, adoption, wills, gifts, partitions, and religious institutions.
Test yourself
Q1.Under Section 5 of The Punjab Laws Act, 1872, what is the primary condition for a custom to be applicable as a rule of decision?
Q2.Under Section 5 of The Punjab Laws Act, 1872, what law applies to Muhammadans if no altering custom or legislation exists?
Q3.Under Section 5 of The Punjab Laws Act, 1872, in which of the following matters would this section NOT strictly dictate the rule of decision?
Q4.Under Section 5 of The Punjab Laws Act, 1872, how can a valid custom affect Hindu or Muhammadan law?