Question

On matters where Dayabhaga is silent, what prevails?

• A. The Shrutis
• B. Mitakshara
• C. The local customs
• D. The Smritis

Hint:

In Hindu law, when scriptural authority is absent, local customs are often upheld as legally binding.

Answer 1

The Correct Option is C

Step 1: Understanding Dayabhaga.
The Dayabhaga school of Hindu law is followed mainly in Bengal and Assam. It governs matters of inheritance and succession. However, when the Dayabhaga texts are silent on a matter, local customs take precedence.
Step 2: Analyzing options.
(A) Incorrect — Shrutis form the primary source of Hindu law, but in practical application, customs take precedence when specific texts are silent.
(B) Incorrect — Mitakshara is a separate school of Hindu law, not an authority under Dayabhaga.
(C) Correct — When Dayabhaga is silent, local customs or usages are followed to resolve the issue.
(D) Incorrect — Smritis are secondary sources but not prioritized over local customs.
Step 3: Conclusion.
Local customs prevail when Dayabhaga does not provide specific guidance.