Whether court can draw presumption of divorce with first spouse like presumption of marriage?
In so far as submission of Mr.Mandlik, learned counsel for
the respondents that since there was a presumption of law of a valid
marriage between the plaintiff no.1 and the said Namdeo Jadhav in view
of the plaintiff no.1 having stayed with Namdeo Jadhav for a long period
and three children having begotten out of such relationship and thus
there was a presumption of a valid divorce between the plaintiff no.1
and the said Waman Chavan prior to contracting her marriage withNamdeo Jadhav is concerned, I am afraid this submission cannot be
accepted. In my view, no presumption of law can be drawn in respect
of a valid divorce between the parties. The divorce can be granted only
under the provisions of Section 13 of the Hindu Marriage Act, 1955
amongst Hindus on the grounds set out therein unless such divorce is
recognized by custom. In my view, even if the plaintiff no.1 was staying
with the said Namdeo Jadhav for some time and if any issues were
begotten out of such relationship between the plaintiff no.1 and the said
Namdeo Jadhav, even if legal presumption of marriage of the plaintiff
no.1 and the said Namdeo Jadhav is drawn in accordance with law,
presumption of divorce of the plaintiff no.1 with her husband Waman
the respondents that since there was a presumption of law of a valid
marriage between the plaintiff no.1 and the said Namdeo Jadhav in view
of the plaintiff no.1 having stayed with Namdeo Jadhav for a long period
and three children having begotten out of such relationship and thus
there was a presumption of a valid divorce between the plaintiff no.1
and the said Waman Chavan prior to contracting her marriage withNamdeo Jadhav is concerned, I am afraid this submission cannot be
accepted. In my view, no presumption of law can be drawn in respect
of a valid divorce between the parties. The divorce can be granted only
under the provisions of Section 13 of the Hindu Marriage Act, 1955
amongst Hindus on the grounds set out therein unless such divorce is
recognized by custom. In my view, even if the plaintiff no.1 was staying
with the said Namdeo Jadhav for some time and if any issues were
begotten out of such relationship between the plaintiff no.1 and the said
Namdeo Jadhav, even if legal presumption of marriage of the plaintiff
no.1 and the said Namdeo Jadhav is drawn in accordance with law,
presumption of divorce of the plaintiff no.1 with her husband Waman
Chavan cannot be drawn by any Court of law.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.108 OF 1993
Kashibai Namdeo Jadhav
Versus
Yamunabai w/o Namdeo Jadhav
CORAM : R.D. DHANUKA, J.
PRONOUNCED ON : 25th February 2016
Citation:AIR 2016 (NOC)387 BOM
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.108 OF 1993
Kashibai Namdeo Jadhav
Versus
Yamunabai w/o Namdeo Jadhav
CORAM : R.D. DHANUKA, J.
PRONOUNCED ON : 25th February 2016
Citation:AIR 2016 (NOC)387 BOM
