“Those Who Allege A Custom Must Prove It”: Supreme Court Says Uncle-In-Law Cannot Adopt Niece’s Husband As “Ghardamad” Under Oraon Tribal Custom
The Supreme Court held that the daughter’s side could not succeed merely by projecting her husband as a Ghardamad. The Court found that daughters were not proved to have any right or share in the property under the applicable Oraon/Udaon custom, and though a Ghardamad may get rights from his father-in-law, it was not proved that an uncle-in-law could adopt his niece’s husband as Ghardamad. Since the claimed custom was not proved, the Court held that the nearest male agnate would inherit, set aside the judgments of all three courts below, and decreed the suit.
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