customary Divorce and special marriage act

Originally posted by : Mayank Sharma
	Dear Adv I am having a query ..does customary divorce is valid if a sc/st boy married under special marriage act with a brahmin girl and they get divorced as per divorce deed not registered in court but by deed or notary only ??

The Special Marriage Act does not permit divorce by mutual consent outside the court.

Go thru;

Hindu Marriage Act, 1955

29.Savings.-

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special marriage Act, 1954 (43 of 1954) with respect to marriages between Hinds solemnized under that Act, whether before or after the commencement of this Act.

https://www.advocatekhoj.com/library/bareacts/hindumarriage/29.php?Title=Hindu%20Marriage%20Act,%201955&STitle=Savings’

The Special Marriage Act, 1954

23. Judicial separation.—

28. Divorce by mutual consent.—

https://indiankanoon.org/doc/4234/

Judicial Pronouncements;

Bombay High Court

Anandrao vs Madhuri Posing Herself To Be on 21 January, 2009

Bench: B. P. Dharmadhikari

9. As already mentioned above, the overriding effect given to the provisions of Hindu Marriage Act is "save as otherwise expressly provided". In section 29[4], it has been expressly mentioned that nothing contained in Hindu Marriage Act shall be deemed to affect the provisions contained in Special Marriage Act, 1954 with respect to the marriages between Hindus solemnized under that Act. It is therefore, apparent that in so far as the marriages between Hindus solemnized under Special Marriage Act are concerned, the provisions of Hindu Marriage Act, 1955 cannot be taken recourse to, to do something which is not provided for in Special Marriage Act. The Special Marriage Act does not permit divorce by mutual consent outside the court i.e. by following customs. If the arguments of learned counsel for appellant / husband are accepted the mode of dissolving the marriage not contemplated by Special Marriage Act, 1954 is required to be read into, and it that is not permissible.

https://indiankanoon.org/doc/726164/

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert