Declaration suit

Querist : Anonymous (Querist) 10 November 2011 This query is : Resolved
Hello all,
I want to ask that if a person is seperated and divorce by way of customary way on stamp paper agreement before 6 years as per custom prevailing in his community(Christian-Gujarat). Now this person wants to go for declaration suit for divorce under Bare Act code of civil procedure 1809 rule 1 order 32A which covers HMA and SMA.So is this the right suit for declaration??
Please advice for the declaration suit only..Thank you

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Kiran Kumar (Expert) 10 November 2011
the provision may apply, but that provision is basically for in camera proceedings of such type of cases.

you need not to mention any specific provision of law while filing a suit for Declaration.

but keep in mind, the relevant custom is required to be proved by the person asserting such custom.

adv. rajeev ( rajoo ) (Expert) 10 November 2011
No you cannot go for declaration suit. You will have to file divorce petition

Piyush Vaishnava (Expert) 10 November 2011
yes you have to file a divorce petetion.

Shonee Kapoor (Expert) 11 November 2011
I also feel that in such scenerio the divorce petition is appropriate, this query is doing rounds for a long time on this and other forums.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 14 November 2011
Yes I agree.

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