Section - 3. Definitions
In this Act, unless the context otherwise requires :-
(a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe,
community, group or family.
PROVIDED the rule is certain and not unreasonable or opposed to public policy :
PROVIDED FURTHER that, in the case of a rule applicable only to a family, it has not been
discontinued by the family ;
(b) "Maintenance" includes-
(i ) in all cases, provision for food, clothing, residence, education and medical attendance and
treatment;
(ii) in the case of an unmarried daughter, also the reasonable expenses of and incidents to her
marriage ;
(c) "Minor" means a person who has not completed his or her age of eighteen years.
COMMENTS
Where the custom is such as permitting the second marriage during the lifetime of the spouse cannot be given the force of law keeping in mind the statutory provision against bigamy Raghuvira Kumar v Shankmukha Vadivu 1970 (2) MLJ 193 As per the custom prevailing in Himachal Pradesh, daughter is conferred a right where for she can make a representation in non-ancestral property including the property of a collateral- Ram Rakha v. Ram Rakshi 1983 HP 18 A custom is a particular rule which has existed either actually or presumptively from time immemorial, and has obtained the force of law in particular locality, although contrary to or not consistent with the general common law of the realm. A custom to be held valid must have four essential attributes. First it must be immemorial; secondly, it must be reasonable; thirdly, it must have continued without interruption since its immemorial origin; and fourthly it must be certain in respect of its nature generally as well as in respect of the locality where it is alleged to obtain and the person whom it is alleged to affect.- Halsbury's law of England 4th ed. vol. 12 para 401.
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