KAVALAPPARA KOTTARATHIL KOCHUNNI alias MOOPIL NAIR vs KAVALAPPARA KOTTARATHIL PARVATHI NETHIARalias VIJAYAM NE

The Supreme Court held that for a custom to be valid under Marumakkathayam law, it must be proven to have been obeyed with the consciousness of its obligatory character, as established in Rarnrao v. Yeshwantrao, I.L.R. 10 Bom. 327. The Court found sufficient evidence of a custom in Kavalappara estate obligating the Sthanee to provide maintenance to junior family members, thus recognizing it as a legal right. The Court upheld the High Court's decision to deny arrears of maintenance and affirmed the maintenance rate set at Rs. 250 per month for each plaintiff, allowing for future adjustments based on changed circumstances.