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Showing posts with label customary divorce. Show all posts
Showing posts with label customary divorce. Show all posts
Saturday, 11 October 2025

Bombay HC: Husband can not rely on customary divorce if he has not proved any custom to take such customary divorce.

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 The Courts below have recorded the findings that there was a marriage between the applicant and non-applicant in the year 1961. The content...

Bombay HC: husband is deemed to have refused and neglected to maintain wife if husband is residing with second wife or another woman

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 Even assuming for a moment that there was a divorce between the parties, it would be relevant at this juncture to refer to the reported jud...

Bombay HC: Marital tie between the parties cannot be put to an end by execution of the customary divorce deed

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However, the customary divorce deed was also brought into existence on the same day, but it is now settled position of law that the deed of ...
Tuesday, 2 January 2024

Whether the court can quash proceeding under Domestic violence Act if husband takes the plea of customary divorce?

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  Even if assuming that the learned Judicial Magistrate is vested with jurisdictional competence to determine the validity of a customary di...
Sunday, 31 December 2023

Whether Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is not Established ?

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It is to be noted that the deed in question is purported to be a document which is claimed to be in conformity with the customs applicable f...
Sunday, 29 January 2023

Whether a woman who has accepted alimony under Customary divorce is entitled to get maintenance under Domestic violence Act?

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   As far as the ground of customary divorce and the divorce granted to the respondent by a competent Court of Law is concerned, the Law is ...
Saturday, 27 February 2021

Whether a party can rely on customary divorce in the absence of a declaration of validity of said divorce by the civil court?

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  In the utter absence of any evidence, let alone conclusive, that the  divorce decree executed purportedly between respondent no.11 and  he...
Saturday, 14 October 2017

Whether customary divorce between husband and wife is binding on third party?

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 From the evidence available on record from the side of the wife, it is clear that the said is not acceptable evidence with regard to t...

Whether it is mandatory to prove custom by clear and unambiguous evidence?

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In another case in Udaya Swain. v. Satya Swainani reported in MANU/OR/0197/1970 : 1970 The Cuttack Law Times, 1330, the learned single Jud...
Wednesday, 6 July 2016

How to prove customary divorce between husband and wife?

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  This Court also will simultaneously deal with the issue whether there was any actual and legal dissolution of the marriage of t...
Sunday, 5 July 2015

Whether wife can be denied maintenance on the ground of customary divorce?

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It   is   to   be   noted   in   the   present   case   that   the  parties   are   governed   by   the   Hindu   Law.     Both   the  ...