Legal Reasoning Question 32

Over a period of time different interpretations of Shrutis and Smritis came to be adopted by people in different parts of the country. Such different interpretations were then consistently followed by them over a long period of time, and in this manner became binding custom for those people. Most of the Hindu Law is based on customs and practices followed by the people all across the country. Customary law is still a valid law in India. To be classified as a valid custom in modern India, a practice has to be ancient, should have existed continuously, should be certain and reasonable, and not against law, public policy or morality. Customs may be put into four categories-local customs, family customs caste/community custom and guild custom. Local customs are the customs that are allowed in a geographical area Family customs are the customs that are followed by family from a long time. They bind the families wherever they live. Caste/community customs are the customs that are followed by a particular caste or community. It is binding on the members of that community or caste. Guild customs are the customs that are followed by traders. Enactments are the laws that are made by the Legislature in modern times. These are the modern sources of Hindu Law. It includes legislations such as the Hindu Marriage Act, 1955; the Hindu Adoption and Maintenance Act, 1956; the Hindu Minority and Guardianship Act, 1956; the Hindu Succession Act, 1956; etc. What is true about Mitakshara law?

Options:

A) Mitakshara governs all Hindus in India

B) Mitakshara governs Hindus all over India except Bengal and Odisha

C) Mitkashara does not govern Hindus after independence

D) Dayabhag governs Hindus after independence

Show Answer

Answer:

Correct Answer; B

Solution:

  • (b) Mitakshara law still governs all Hindus in India except in Bengal and Odisha. In Bengal and Odisha the Hindus are governed by Dayabhaga law. Dayabhaga is also a commentary on the Yajnavalkya Smriti written by a scholar named Jimutvahana.