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Customary divorce /divorce deed

Querist : Anonymous (Querist) 11 January 2022 This query is : Resolved 
Hallo,

Dear Sir/ Maám

I had taken divorce from Bhor Leva Panchyat , Padarsa, Taluka Yaval, District Jalgaon (Maharashtra) in 2010. It is Rs. 100 on Stamp paper and settlement amount Rs. 7,00,000 by DD . One child I have who custody with her. It is duly singed by myself , wife and other Panch. In this agreement she say that she has no right in my property and my child too. she has give up all right in my property. She permits to give second marriage to myself and herself also. I suited file in Pune court for obtaining divorce in 2008. My wife also suited file for maintenance in 2009 . All these cases has been withdrawal from myself and herself also after settlement of divorce deed.

I did second marriage in 2011 and it is solemnized. I have one son from second marriage.
in 2022

In Jan'22 I got a notice from her obtaining divorce from Court and informed that you second marriage is invalid and son also . Further to say that please be ready consequences of second marriage . I got advocate notice after 11 years. My earlier wife is not yet married. and my earlier son matured at age of 18 years now.

I would like to know that whether Panchyat divorce is valid ? . Bhor Leva Panchayat is register and getting divorce from 1850 . In our Lava Patil community , Jalgaon . Almost all divorces at Bhor Leva Panchayat.

If custom divorce is not valid then whether I have to pay further maintenance for first wife and child. ?
whether police will arrest me due to second marriage without court diverse.

Please guide me . what should I do ?

Regards,

Chopade Vikas


kavksatyanarayana (Expert) 11 January 2022
For getting a second marriage, the court divorce decree is a must, though your divorce was taken 10 years-long back. The customs divorce agreement executed between you and your 1st wife is proof only. If the 1st wife files a case against you, then consult a local advocate and show the customs divorce agreement executed between you and your 1st wife for further guidance.

Dr J C Vashista (Expert) 12 January 2022
Local customs apply for the query, consult a local prudent lawyer.
Querist : Anonymous (Querist) 12 January 2022
If custom divorce is not valid then whether I have to pay further maintenance for first wife and child. ?
P. Venu (Expert) 12 January 2022
Provisions of Section 29(2) of the Hindu Marriage could be helpful in this context.

"Section 29 Savings -
(1) ------------------------------
(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.
---------------------------"

The divorce is valid if such a custom has been recognised in your community. You may reply to the Notice relying on the said provisions.

However, the stipulation as to disinheriting the child is not legally sustainable.

SHIRISH PAWAR, 7738990900 (Expert) 12 January 2022
Hello,

If there is the practice of customary divorce in your community then your divorce with your first wife is a valid divorce. You are liable for maintenance to your son.


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