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Shekhar Chourasiya (Proprietor)     29 September 2017

Customary divorce

1.  In one case of second marriage wife claiming that she had customary divorce from her first husband.  Is this valid in HMA ?

2.  If yes, how we know that customary divorce is allowed legally in which castes of India ?  Is there any list of such castes ?



Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     29 September 2017

Customary divorce as such after coming of the Hindu Marriage Act 1955 are not considered valid unless there exists custom and usage in a Hindu community which has legal sanction. The onus to prove the validity of customary divorce is on the person who alleges it. If the lady claims it as valid practise in her caste or community to have such form of divorce to prove its validity is on her. The Indian court will go by what is provided in the HMA, the grounds for divorce and procedure to get it from the court of law and not from some panchayat of a particular community.

Shekhar Chourasiya (Proprietor)     29 September 2017

Thanks Sir

Is there any citation sir ?

Siddharth Srivastava (Advocate)     29 September 2017

No such alleged customary divorce is permitted or valid in law.

Kumar Doab (FIN)     29 September 2017

The similar uqery has been discussed in threads at LCI and judgments have also been quoted.

Check in 'SEARCH' option.

You can also go thru sections on ; Articles, FIles, Judgments...........  

Kumar Doab (FIN)     29 September 2017

Same Query;

 

https://www.lawyersclubindia.com/forum/Customary-divorce-154493.asp


(Guest)

Customary divorce is fake. You can go jail for it. 

adv. rajeev ( rajoo ) (practicing advocate)     02 October 2017

The decree of the divorce from the competent court is only valid.


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