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Discussion > Family Law > Divorce > Customary divorce deed   Unanswered Threads Post New Topic

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There are 7 Replies to this message


Rampal Bhardwaj


Inst.
[ Scorecard : 24]
Posted On 16 December 2011 at 15:33 Report Abuse

Dear Sir

Is customary divorce valid in Kumhar  & Rajput community in Hp Shimla?

Is customary divorce valid, even if it does exist in community; if husband and wife belong to different communities such as Kumhar & Rajput?

can U give me any articles or preceedents supporting or clarifying customary divorce deed in Kumhar  & Rajput community?

With Regards

R.P.Bhardwaj



Amit ---------------


Worker
[ Scorecard : 7492]
Posted On 16 December 2011 at 17:00 Report Abuse

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

 

overall,

customary divorce is not allowed.

divorce deed can not be equivated to customary divorce.

best way - obtain Divorce Decree from competent court.

 




Total thanks : 1 times

Amit ---------------


Worker
[ Scorecard : 7492]
Posted On 16 December 2011 at 17:04 Report Abuse

 

 

 

relevent HMA sections - for quick reference : 

 

 

3          Definitions

In this Act, unless the context otherwise requires,

(a) the expressions “custom” and “usage” signify any rule which, having  been continuously and uniformly observed  for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family;

PROVIDED that the rule is certain and not unreasonable or opposed to public policy;

PROVIDED FURTHER that in the case of rule applicable only to a family  it hasnot been discontinued by the family;

 

 

29 (2)  Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

 

 



Total thanks : 1 times

Amit ---------------


Worker
[ Scorecard : 7492]
Posted On 16 December 2011 at 17:10 Report Abuse

Also there are several threads @ LCI regarding customary divorce 

Use search facility provided herein.


Sameer12345


SSE
[ Scorecard : 972]
Posted On 16 December 2011 at 17:13 Report Abuse

Customary divorce is not valid in the eyes of law. 

Read below artical.... SC ruling on `customary divorce' 

http://hindu.com/2002/02/02/stories/2002020203451000.htm

 

 

 



Total thanks : 1 times

ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15839]
Posted On 16 December 2011 at 17:53 Report Abuse

If both agree no problem.


Amit ---------------


Worker
[ Scorecard : 7492]
Posted On 16 December 2011 at 17:55 Report Abuse

probably, ...

since there is disagreement, the author of this post is searching for the answer..


Shonee Kapoor


Intern - Advocacy
[ Scorecard : 41800]
Posted On 21 December 2011 at 08:43 Report Abuse

Hmmmm,

 

I don't know about these two communities, but if the parties agree, they should go for MCD rather than customary divorce to ward off future litigations. Not only amongst themselves but even between them and their new spouses.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com


Total thanks : 2 times


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