Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife deserted husband because husband got remarried with one lady - She was thus, residing away from husband due to reasonable cause - Plea of husband that he has taken customary divorce from wife not accepted, as there is no evidence to prove said custom - Allegations were made against wife by husband..........
Protection to life and liberty -- Petitioners are performed marriage - However, petitioners no.2 is earlier married to one `A' and one sided customary divorce was relied upon by petitioner no.2 - Out of said wedlock two daughters were born, who were residing with first wife of petitioner no.2 - Court being legal guardian of 2 minor girls, who are living at mercy of their..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife obtained divorce from her previous husband in customary manner - When second husband/respondent married applicant knowing fully well that her earlier marriage had not ended in a valid divorce, then respondent is estopped from raising a plea u/s 125..........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Suppression of earlier marriage by wife - Husband aware about earlier marriage of wife - Son born out of marriage of appellant and respondent - Even husband had knowledge about customary divorce taken place between wife and her earlier husband at the time of his marriage with wife - Husband thus, cannot..........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - Practice and procedure - Merely because certain class of people from community are adhering to particular practice that does not become custom, unless it is in existence since time immemorial or ancient...........
Hindu Marriage Act, 1955, Section 29(2), 12 -- Customary divorce - Earlier marriage of wife - Notarized document executed in respect of customary divorce - Divorce of wife with her previous husband was only on basis of that document which was admittedly executed before an advocate which was prepared by that advocate and it was notarized - Such document cannot sever..........
Hindu Marriage Act, 1955, Section 12, 23 -- Annulment of marriage - Suppression of earlier marriage by wife - Evidence on record shows that wife had given knowledge about alleged divorce between her and her first husband to present husband prior to marriage - Though wife failed to prove customary divorce between wife and her previous husband but from evidence regarding..........
Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 41, 42 - - Determination of surplus land - Plaintiff contended that since he divorced his wife much before coming into force of Act, property inherited by his wife not to be considered to be holding of family - However, concurrent findings of fact on record that there was no customary divorce between..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof - Customary divorce - Custom which stands as an exception to general law of divorce assumes form of a material fact, as it constitutes cause of action and therefore, it is required to be pleaded specifically and also established by party propounding it...........
