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customary divorce

(Querist) 24 June 2009 This query is : Resolved 
As per Hindu Marriage Act customary divorce is valid or not. If the both parties are binding on a affidavit and living separately since 1994.
KANDE VENKATESH GUPTA (Expert) 24 June 2009
Yes. There is a practice of customary divorce and the same is valid. However, when called upon in question, it has to be established that there is customary practice in the community since times immemorial and all the required formalities of customary divorce have been complied. There is a Judgment of the Hon'ble Supreme Court to that effect
V.V.RAMDAS (Expert) 24 June 2009
Till the customary diverce is chalenged in the court of law , the same will be valid but the moment it is challeged it will become invalid. I do agree with my friend Venkatesh Gupta
Swami Sadashiva Brahmendra Sar (Expert) 25 June 2009
my friends are right
Amarjeet yadav (Expert) 25 June 2009
i do agree as till such divorce is not challanged in the competent court of law as and when any aggrived party approched to the court then the second has to satisfy the court that this is done with complete procedure of the customs and is valid as it is followed by that society and valid as per the custom followed in the society since very long and is also acceptable by the noble people of the society, but it is upto the court to accept it or not and court can ask for the divorce under valid rule of law
N.K.Assumi (Expert) 25 June 2009
Agreed with the members.
Uma parameswaran (Expert) 26 June 2009
But Mr. Prabhakar Sir, By construing section 29(2) of Hindu marriage Act it seem differently.
In rural area extra judicial divorce extant with the help of gram panchayat, caste tribunals or by private act of parties orally or writing or under an agreement sanctioned by elders of the community.
Sachin Bhatia (Expert) 07 October 2009
No customary divorce is not valid. You have to get a divorce decree from the court.
Sachin Bhatia (Expert) 07 October 2009
Moreover customary divorce is not binding on the parties.
Sarvesh Kumar Sharma Advocate (Expert) 07 October 2009
yes, that type of divorce is not valid but if miya bibi raji to kya karega kaji.
Sarvesh Kumar Sharma Advocate (Expert) 07 October 2009
miya bibi raji to kya karega kaji
Sachin Bhatia (Expert) 07 October 2009
but agar miya biwi mukre to kya kar lege dusre
Raj Kumar Makkad (Expert) 09 October 2009
i agree with Sachin.
Gulshan Tanwar (Expert) 01 May 2010

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