Back
GOUTAM BHADURI, RAJANI DUBEY
Nirmala Wd/o Late Rajkumar – Appellant
Versus
Mamta, widow of Late Rajkumar – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. The instant appeal is filed by defendant Nirmala along with others claiming herself to be the wife of Raj Kumar along-with two children born out of the first marriage performed with late Raj Kumar. The judgment and decree was passed by the learned Family Court Manendragarh in Civil Suit No.36-A/2016 on 06th July 2017. The suit having been decreed in favour of plaintiffs, the present appeal is preferred.
2. Brief facts of the case are –
2 (a) that Plaintiff No.1 Mamta, (respondent no.1 herein) along with her 3 children namely Ku. Sweta, Ku. Shephali, son Sameer and mother-in-law Ganga Bai filed a suit for declaration and injunction before the family Court. It was pleaded that plaintiff no.1 Mamta Devi was married to Rajkumar and out of that marriage, 3 children were born. Plaintiff No.5 Ganga Bai is mother of late Rajkumar. It was stated that Rajkumar was working as Fitter in SECL in South Eastern Coal Fields. He died in harness on 16.07.2009. It was further pleaded that Smt. Nirmala was first wife of late Rajkumar and they blessed with two children namely Vicky @ Vijay and geeta who were arrayed as respondents 2 and 3 respectively. It was stated that Ra
(1) Dissolution of marriage – Customary divorce is an exception to general law and can be accepted only with utmost care, caution, and reliable evidence – If a right is claimed based on a custom, it ....
The main legal point established in the judgment is the recognition of customary divorce by the community and the discretion of the court in granting a declaration of status under section 34 of the S....
Customary divorces are approved by the Civil Courts even without ascertaining the basic factors regarding the customs prevailing as well as practice. Customary divorce can never be approved nor recog....
Customary divorce under the Hindu Marriage Act must be substantiated with substantial evidence; mere claims are insufficient to annul marriages.
A customary divorce must be proven with strong evidence of antiquity, continuity, and certainty to be legally recognized, especially under the Hindu Marriage Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
