The Courts below have recorded the findings that there was a marriage between the applicant and non-applicant in the year 1961. The contention of the applicant/husband that there was a customary divorce between the parties, has been negated by the revisional Court. There is no separate adjudication by any competent Court on the point of customary divorce and even no specific point was framed by the Judicial Magistrate First Class while entertaining the contention of the applicant/husband that there was a customary divorce and as per the term in the said divorce deed, the wife is not entitled for the maintenance. It is admitted position that, there was no legal divorce between the parties. Therefore, the revisional Court in paragraph 8 of its judgment held that,
After going through the record, it appears that original of the said document was brought by Gulabrao at the time of evidence. On the basis of that this xerox copy was exhibited. However it is material to note that there is absolutely no evidence on record about any such customary divorce. I find that the said document has no legal sanctity. Thus, the document purporting to be a divorce deed is of no value in the eye of law and hence that is of no help for deciding the dispute between the parties. {Para 31}
32. On perusal of the contents of the application and upon hearing learned Advocate appearing for the applicant, no case is made out to upset the aforesaid findings recorded by the revisional Court. Therefore, there was no legal divorce. The customary divorce has not been proved by the applicant by way of bringing any evidence on record about any such custom to take such customary divorce.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Criminal Application No. 3897 of 2007
Decided On: 15.12.2009
Gulabrao Nagorao Ingole Vs. Dwarkabai Gulabrao Ingole
Hon'ble Judges/Coram:
Sambhaji Shiwaji Shinde, J.
Citation: 2010 CRLJ 1471,MANU/MH/1468/2009.
Read full judgment here: Click here.
Print Page
No comments:
Post a Comment