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Pavan   06 December 2021

Customary dovorce

I married in 2013-Nov as per hindu marriage act and got customary divorce which is written on  insurance policy letterhead paper. Find attached such document

Now wife saying that she did not sign paper.Elders  are willing to come and give evidence in court

In year 2020,I had done 2nd marriage at USA  as per foreign marriage act and wife got that marriage copy and she filed bigamy and cheating

Query 1 : Now Can I apply divorce showing this customary divorce

Query 2: Can I show this as proof of this customary divorce and hence  no cheating done

Query 3: DO wife need to proove sapthadi and hommam since my 2nd marriage done as per foreign marriage act or marriage certificate is enough to prove bigamy



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 December 2021

A customary divorce is a recognised method of separation without involving the court if such a custom is recognised by marriage laws. ... It said under Section 4 of the Special Marriage Act, at the time of marriage neither party should have a living spouse.

Pavan   06 December 2021

Sir 
Can I show this as proof of this customary divorce and hence  no cheating done

 

Dr J C Vashista (Advocate)     07 December 2021

Which community in Hindus do you belong where as per hindu marriage act you got customary divorce and stated to have been permissible without filing a petition for divorce and can be written on  insurance policy letterhead paper. ??
 

Pavan   07 December 2021

Sir I belongs to Reddy community

Shashi Dhara   07 December 2021

Legally fight in court ,the advocate guides you properly ,engage advocates and continue case .

Pavan   07 December 2021

I am from Reddy community .is this divorce content written on 'insurance policy  letterhead is valid?

Archana Pandey   02 February 2022

Dear Mr. Pavan, 

Since the Marriage was solemnised as per hindu rites and customs. Customary divorce is not normally accepted in our Society nor even in any provisions of law.

The HC in a case judgement has said that "if a person is claminig any such customary divorce as a valid dissolution of marriage must establish that such a custom was in particular society. "

Therefore, you are legallly married now and contest the other cases like filing a mutual divorce which will ease your other problems like bigamy, cheating cases or find other solutions mutually. 


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