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HIGH COURT OF GUJARAT
MR. JUSTICE BIREN VAISHNAV, ACJ, MR. JUSTICE HEMANT M. PRACHCHHAK, J
UMANG BHUPENDRAKUMAR SHAH – Appellant
Versus
PRIYANKA D/O. SURESHKUMAR POPATLAL KOTECHA W/O. UMANG BHUPENDRAKUMAR SHAH – Respondent
JUDGMENT :
(BIREN VAISHNAV, ACJ.)
1 This First Appeal has been filed by the appellant who was the original applicant in Family Suit No.285 of 2017 before the Family Court at Rajkot. By the judgement and order dated 15.10.2022, the family suit of the appellant for declaring the marriage with the respondent void has been dismissed.
2 Facts in brief are as under:
2.1 The appellant got married with the respondent on 30.05.2013. This marriage, according to the appellant, was after he obtained a divorce on 24.09.2012 in Family Suit No.85 of 2012. The appellant approached the Family Court by filing Family Suit No. 285 of 2017 requesting that the marriage with the respondent be declared void. It was his case that the marriage between the appellant and the respondent which was performed on 30.05.2013 be declared void. This was on account of the applicant’s case that on the date of their marriage, the respondent was already married. Therefore, the marriage between the appellant and the respondent be declared as void since the respondent, on the date of their marriage, was married and it was only on 13.05.2016 that the respondent obtained a decree of divorce by mutual consent from her previous hu
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 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....
(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 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.
Customary divorce under the Hindu Marriage Act must be substantiated with substantial evidence; mere claims are insufficient to annul marriages.
The burden of proof lies with the party making a claim, and mere exhibition of a document is not sufficient to establish a fact. The court emphasized the importance of meeting the burden of proof in ....
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....
Point of Law : Plaint was clearly deficient in culling out requisite pleadings in accordance with law.
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