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2011 Supreme(Del) 206

PRADEEP NANDRAJOG, SURESH KAIT
SHIV RAM – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr.Anil Gautam, Advocate.
Mr.Amit Chadha, Advocate with Asstt.Comdt.Amit Chadha, BSF.

JUDGMENT

PRADEEP NANDRAJOG, J.

1. Heard learned counsel for the parties. Another instance of conflict between India and Bharat. The social norms in Rural India are not accepting the changes which the legislature intends to bring. Hindu Marriage Act 1955. It is observed more in breach rather than in compliance in rural areas. The reason appears to be that the rural society is not in sync with the modern ethos which the city bred propagates.

2. Petitioner, Ex.Ct.Shiv Ram was admittedly married to one Kalo Devi in April 2000. He and the lady are residents of two different villages in Tehsil Salooni, District Chamba, Himachal Pradesh. It is the customs which govern their social living and not the legislation. May be, the Government hardly reaches out to rural areas and thus they decide to live by their own norms.

3. The two could not pull along. The village elders intervened. A customary divorce took place when a panchayati decision was arrived at requiring the petitioner to pay alimony to Kalo Devi. This decision was taken in April 2002.

4. Petitioner and Kalo Devi separated and were happy. Petitioner paid the alimony. On 11.1.2006 Kalo Devi re-married one Narain Singh, an army officer





















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