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VALIDITY OF CUSTOMARY DIVORCE

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The appellant husband filed Divorce petition on the ground that, respondent wife had concealed her previous marriage. Husband alleged that, in wife’s previous marriage, relationship was so deteriorated that, both have filed FIR against each other. The respondent did not get divorce decree from court which implied that their marriage was void ab initio.

The respondent claimed that, she has never hidden her previous marriage. Also claimed that, appellant himself had helped her obtain customary divorce from previous marriage.

Court observed that, appellant’s earlier marriage was also dissolved by customs prevalent in Jaat Community. Customs of obtaining the panchayati divorce in Jaat community in Jalandhar is duly recognised by Supreme Court. She claimed that, documents of customary divorce for her case was prepared by the same advocate who had done it previously for appellant. Moreover the ex-husband of wife neither disputed divorce nor claimed restitution of conjugal rights. Further, parties having a daughter and petition seeking nullity filed after 6 years after marriage. It is also revealed that, appellant was closely involved in the mediation for respondent with her husband before Allahabad High Court. Delay itself exposed the gaps in appellant’s plea that, he was neither aware respondent’s earlier marriage nor of her customary divorce from her former husband. Hence, Court rejected petition.

Prahlad Singh vs. Seema, MAT.APP.no.45/2021, Delhi

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