Shekhar Chourasiya (Proprietor) 14 September 2017

Customary divorce is valid in india

Is Customary Divorce valid in India, Woman got married without divorce from her husband, now she replied that she has got customary divorce from her first husband, is this type of divorce valid in India ?

Please reply, needs your valuable feedback.

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3 Replies

Kumar Doab (FIN) 14 September 2017

Central Government Act

Section 29(2) in The Hindu Marriage Act, 1955

(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.

https://indiankanoon.org/doc/1159958/

Sachin (N.A) 14 September 2017

Originally posted by : Shekhar Chourasiya
	Is Customary Divorce valid in India, Woman got married without divorce from her husband, now she replied that she has got customary divorce from her first husband, is this type of divorce valid in India ? Please reply, needs your valuable feedback.

Validity of Customary Divorce depends on many aspects. Like she needs to prove the custom of divorce and the consent of the her previous husband in that divorce.

Adv Radhika Mehta (Advocate) 15 September 2017

For customary Divorce to be deemed valid or recognized, the wife will first have to prove that the said Divorce is recognized and followed in her community.