Kerala HC Issues Notice to Digi Yatra Foundation in PIL Seeking Strict Compliance with DPDP Act 2023 for Airport Passenger Data: High Court of Kerala
07 Mar 2026
Appointment to Higher Post on Compassionate Grounds Not a Matter of Right: J&K&L High Court
07 Mar 2026
Nearly Decade-Long Delay in Patnitop Illegal Construction PIL Appalls J&K&L High Court; Directs PDA CEO to Join Proceedings
07 Mar 2026
Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Employees Under CCS Pension Rules Excluded from PG Act Section 2(e) Gratuity: Delhi HC Upholds Forfeiture on Resignation
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
CJI Kant: Action Needed for More Women Judges
10 Mar 2026
Back
Next 
ASHUTOSH SHASTRI, NISHA M. THAKORE
CHETANKUMAR AMRATLAL PATEL – Appellant
Versus
JAYSHREEBEN PATEL D/O JAGJIVANBHAI AMBARAM PATEL – Respondent
Headnote: Read headnote
ORDER :
1. By way of present appeal under Section 96 of the Code of Civil Procedure, the appellant original plaintiff has challenged the legality and validity of judgment and order dated 14.10.2022 passed by the learned Principal Judge, Family Court, Mehsana in Family Suit No. 41 of 2022.
2. The brief background of present appeal is that the appellant herein has filed Family Suit No. 41 of 2022 before the learned Principal Judge, Family Court, Mehsana praying inter-alia for declaration that marriage between the defendant and the present appellant was dissolved by virtue of Divorce Deed dated 20.03.2015 through customary divorce which is a well recognized custom prevailing in the community where both the parties are belonging to ‘Kadva Patel’ community and as such, suit came to be filed.
2.1. The appellant got married to the defendant on 11.12.2009, but on account of stiff differences of opinion and lifestyle, dispute arose between them and the situation of irrevocable nature erupted which has resulted into irretriev
The main legal point established in the judgment is that the existence of customary divorce in a community, as admitted by the parties and supported by previous decisions, should be considered in det....
A marriage is void if one party is still married at the time of the subsequent marriage, and customary divorce must be legally recognized to be valid.
Customary divorce under the Hindu Marriage Act must be substantiated with substantial evidence; mere claims are insufficient to annul marriages.
(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....
A customary divorce must be proven with strong evidence of antiquity, continuity, and certainty to be legally recognized, especially under the Hindu Marriage Act.
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
The applicability of the Hindu Marriage Act to Scheduled Tribes requires proof of being 'Hinduised', and jurisdictional issues must be resolved through a full trial.
The Hindu Marriage Act applies to parties from Scheduled Tribes who follow Hindu customs, allowing them to seek divorce under its provisions.
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
Listen Article