The question (6 marks)
In a village, the members of one community assert that for as long as anyone can remember either spouse has been free to dissolve a marriage against the wishes of the other on payment of a sum of money to the family, and one of them now asks a court to recognise the dissolution of his marriage on that footing. The other spouse denies that any such practice exists. (a) What must the party relying on the practice establish before a court can treat it as law? (b) Would you advise that the claim succeeds? Give reasons. (6 marks)
MU Module I, head 1.2 (custom); pack ch. 01, requisites of a valid custom.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Law, Sources, Legal Language and Analysis of Legal Writing and Legal Language.
Authorities you will need
- Gopi v Jaggo, Privy Council
- Hindu Marriage Act 1955, definition of custom and usage
- Hindu Succession Act 1956, definition of custom and usage
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.