Punjab Laws Act,1872

Act No : 4

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Section : DECISIONS IN CERTAIN CASES TO BE ACCORDING TO NATIVE LAW

SECTION 05: DECISIONS IN CERTAIN CASES TO BE ACCORDING TO NATIVE LAW

In questions regarding succession, special property of females, betrothal, marriage divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution the rule of decision shall be-

(a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has not been by this or any other enactment altered or abolished, and has not been declared to be void by any competent authority.

(b) the Muhammadan law. in cases where the parties are Muhainmadans and the Hindu law. in cases where the parties are Hindus, except in so far as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of this Act or has been modified by any such custom as is above referred to.]

The provisions of this section have been repealed in so far as they are inconsistent with those of the Muslim Personal Law (Shariat) Application Act. 1937(26 of 1937)-See Section 6-of that Act.

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