held the marriage to be a nullity thereby affecting the rights of the woman in the instant case. 16 The commentaries and digests are the third class of the four different classes of Hindu law texts. . The Manu Code is divided into twelve chapters. . This essay briefly discusses the role of custom as a source of law in legal systems around the world. The Merriam Webster dictionary defines Customs as "Long established practices considered as unwritten law." A country like India, which can still trace the origin of some of its laws to these long established customs, has come a long way from the days when disputes were.
Contact us for affordable and reliable help! 30 Therefore, a custom which is abhorrent to decency or morality, however long practiced and recognized by a particular community can find no kind of enforcement by a court of law. An analysis of the above definition reveals that law is a general rule of human action. The Hindu Marriage Act, 1955 and various other legislations have recognised customary practices as valid for solemnizing a marriage and for other purposes.
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However, recent trends do suggest an increase in the general awareness to women and child rights, and the courts have acknowledged the importance of these rights by delivering what could be called as positive judgements towards their rights. This attitude leads to ideas such as, International law and morality has nothing to do with me and my family. Since the 12th century, common law has molded society as well as legal systems all over the world. However, it is said no man is an island, and no country is an island to be left alone. The Indian legal system that exists today has its origins in the system of Common Law that emerged in England. Law coursework writing discount essay writing service service, law assignment writing service, law school application essay writing service. In the interests of women, who are most of the victims, it is necessary to criminalise polygamy(bigamy make registration of marriages mandatory and liberally interpret the term custom, to include any ceremony, with evidence of such ceremony to be a valid marriage).
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