Supreme court ruling on customary divorce???????
Sameer12345
(Querist) 20 December 2011
This query is : Resolved
I am looking for document order of “Supreme Court ruling on Customary divorce”
I have already come across the article
http://hindu.com/2002/02/02/stories/2002020203451000.htm
But It would be great if Someone provide me the specific document which orders not to register Divorce in sub-register because the same register divorce is not valid.
Shonee Kapoor
(Expert) 20 December 2011
This is an old story for Scheduled Tribes, the customery divorce is valid but not always.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 December 2011
Forget about courts and law, the basic requirement is both parties should be ready if not no ruling can help you.
Even as on today many communities specially in Gujrat and Maharashtra get mutual divorce and remarry again. No courts, no law, no citation needed.
In Gujarati papers you can see day hundreds of advts.
Shonee Kapoor
(Expert) 20 December 2011
But JSDN, if one party later challanges it, it would be declared by court that it is not a valid divorce.
It might not even save the person from bigamy charges, because lack of knowledge is no defense.
Better be safe than sorry.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 December 2011
Miya bibi razi to kya karega kazo, when both have agreed these problems do not arise.
Bigamy is illegal, provided some body complains. KARUNANIDHI has two wives and children from both and on political and party posts. Has any any problem arisen, no.
Go to Gujrat to understand this system.
Shonee Kapoor
(Expert) 20 December 2011
JSDN,
We are talking about common man.
And when you can preclude some pain by vigilant, why not be.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sameer12345
(Querist) 21 December 2011
Thanks Experts
@JSDN
Lets consider a scenario where Both the parties agree for Divorce Deed. they did it without going to court...
Later on, one or both the parties marry again with some other person....
Is their second marriage valid in the eyes of laws?
If they find dispute with second marriage too, What is the way to dissolve their relationship? :-)
Devajyoti Barman
(Expert) 21 December 2011
Definitely not.
Divorce on the basis of deed is not valid and the customary divorce is definitely based on some documents. It is more like a ritual.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 December 2011
Law is in books and has to be enforced.
Many nomadic communities in general and in Gujrat is particular it is general practice and no problem has arisen at all.
Open any leading Gujrati paper and you will find hundreds of advts offering or soliciting such arrangements.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 December 2011
And far SAMEER, you say second marriage also goes to rocks than what to do. Both of them adjust or again free to find new partners. Who has time to go for bigamy cases, life is short and so many things to attend.
2) Mr Shonee when you go real life in courts than only the reality will dawn that laws being practiced is different than what is law we presume.
3) Regarding contrary opinions, I love them because it increases the depth of knowledge.Those who agree with you do not provide any opportunity to develop knowledge.
And most important by contrary opinion I know that what my opponent thinks and so in reality before courts it is easy to disarm them. Since I am advocate of defense and power of defense is power of negative which is perpetual and immense.
Sameer12345
(Querist) 21 December 2011
I am looking for document order of “Supreme Court ruling on Customary divorce”
I have already come across the article
http://hindu.com/2002/02/02/stories/2002020203451000.htm
But It would be great if Someone provide me the specific document which orders not to register Divorce in sub-register because the same register divorce is not valid.
Sameer12345
(Querist) 21 December 2011
I am looking for document order of “Supreme Court ruling on Customary divorce”
I have already come across the article
http://hindu.com/2002/02/02/stories/2002020203451000.htm
But It would be great if Someone provide me the specific document which orders not to register Divorce in sub-register because the same register divorce is not valid.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 December 2011
No law or court will allow it.
You want to buy a ticket after seeing the results , not feasible.
A. A. JOSE
(Expert) 23 December 2011
I fully endorse the views of JSDN.
