Doctrine Of Factum Valet

The maxim factum valet quod fieri non debet litarally means “what should not be done, yet being done, shall be valid.” the nearest approach is to be found in the Dayabhaga which lays down that ” a fact cannot be altered by a hundred texts.” This principle, however, is not to be restricted to the Dayabhaga system of law and is to be found and is frequently applied in the Mitakshara system and has been recognized by the Privy Council as such in a number of cases which need not be referred to.

The principle of factum valet is applicable within certain well-recognized limits, and generally speaking, it is applicable to cases where a legal precept has been reduced by independent reasoning to a mere moral suggestion. As has been pointed out in Gopal Narain v. Hanmant Ganesh [1878] 3 Bom. 273: There can be no doubt that the uncle of the girl had a right in preference to the mother, under the Hindu law, to give the girl away in marriage, but the mother, the natural guardian, having given her away, and the marriage, having not been procured by fraud or force, the doctrine of factum valet would apply, provided of course the marriage was performed with all the necessary ceremonies.

Leave a Reply

Your email address will not be published. Required fields are marked *