Is customary divorce valid in Kumhar & Rajput community in Hp Shimla?
according to HMA, 1995 - sec. 3 (a) and sec. 29 (2), there is a provision of customary divorce.
However, the custom should be proven & burdon of proof is on the party alleging such custom.
Is customary divorce valid, even if it does exist in community; if husband and wife belong to different communities such as Kumhar & Rajput?
customary divorce is an exception to general rule.
It is not allowed legally, unless and until pleded and proven successfully.
further, it is very difficult to prove such a custom and while taking customary divorce, the process of custom should be strictly followed.
can U give me any articles or preceedents supporting or clarifying customary divorce deed in Kumhar & Rajput community?
search on : www.indiankanoon.org
customary divorce is not allowed.
divorce deed can not be equivated to customary divorce.
best way - obtain Divorce Decree from competent court.