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GITA GOPI
Dipeekaben D/o Hasmukhbhai Nanjibhai Shrimali – Appellant
Versus
Vishvjeetsinh Ashoksinh Gohil – Respondent
Headnote: Read headnote
JUDGMENT :
1. As per the record, the party respondent herein as a plaintiff, had filed a suit under section 34 of the Specific Relief Act, 1963 for declaration of divorce on the basis of customary divorce deed dated 23.07.2017. The suit came to be rejected on 05.12.2018 by the Principal Senior Civil Judge, Khambhat. Aggrieved by the same judgment and order, the plaintiff filed Regular Civil Appeal No.73 of 2020 before the Additional District Judge, Khambhat, which also came to be dismissed on 18.03.2021 by 6th Additional District Judge, Khambhat.
2. Aggrieved by both the orders, the defendant of the suit is before this Court as an appellant in Second Appeal contending that both the courts have failed to consider the fact that the matrimonial ties between the parties are governed by the customs of the community, which has taken a force of law because of long usage, and the said fact of prevailing customs would be proved by the evidence of the parties.
3. Advocate Mr. Muhammad
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....
(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 ....
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.
The Hindu Marriage Act applies to parties from Scheduled Tribes who follow Hindu customs, allowing them to seek divorce under its provisions.
A marriage is void if one party has a living spouse, and customary divorce must be proven to be legally recognized.
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 customary divorce must be proven with strong evidence of antiquity, continuity, and certainty to be legally recognized, especially under the Hindu Marriage Act.
The Family Court erred in dismissing divorce application based solely on Scheduled Tribe status; potential for adjudication under the Hindu Marriage Act must be determined.
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