Custom cannot be proved by way of logic or analogy.
Cases reported in (2013) 4 SCC Part 1 – April 28, 2013
Laxmibai v. Bhagwantbuva, (2013) 4 SCC 97 (Civil Appeal No. 2058 of 2003, decided on January 29, 2013): Validity of adoption deed, upheld as mere positive evidence that for sake of convenience, only a child from within family was adopted on four earlier occasions over a period of 375 years is not sufficient to establish and prove existence of a negative fact (or custom) that a male child from outside family could not be adopted. Custom cannot be proved by way of logic or analogy. A negative fact cannot be proved by adducing positive evidence. Special customs which prevail in a family, a particular community, etc. require strict proof.
We have appreciated the evidence on record, and are of the view that in the present case, only four adoptions have taken place over a time-span of 375 years and even though each time, a male child was taken from within the same family, the same may merely have been done as a matter of convenience,
https://www.lawweb.in/2013/06/custom-cannot-be-proved-by-way-of-logic.html
