Supreme Court of India · 1952-05-16
THAKUR GOKALCHAND vs PARVIN KUMARI.
- Citation / case number
- SC 1951/49
- Court
- Supreme Court of India
- Petitioner
- THAKUR GOKALCHAND
- Respondent
- PARVIN KUMARI.
- Bench
- FAZAL ALI, SAIYID
Judgment text excerpt
The Supreme Court held that the principles governing customary law in Punjab require that a party claiming rights under custom must prove both their governance by such custom and the existence of the custom itself. The court ruled that even if the plaintiff was lawfully married to the deceased, the succession to property acquired by gift from a stranger would not be governed by the husband's family custom. The court emphasized that customs must derive their force from long usage and must be evidenced by general acknowledgment within the community, as outlined in the Punjab Laws Act, 1872.