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SATHISH NINAN, P. KRISHNA KUMAR
Kizhakkayi Dasan – Appellant
Versus
Kuniyil Cheerootty – Respondent
JUDGMENT
P. Krishna Kumar, J.—The decree declaring the respondents herein as the wife and daughter of the appellant, is under challenge in this appeal.
2. The respondents filed a suit against the appellant seeking a declaration that they are his wife and daughter. The suit was initially decreed in favour of the respondents, but was reversed in appeal. When the matter was taken up in second appeal, this Court set aside the judgments and, after framing additional issues, remanded the case for disposal based on findings on those additional issues. The parties were also permitted to amend their pleadings and adduce further evidence. Meanwhile, with the establishment of the Family Court, Thalassery, the case was transferred to that court. By the judgment now under challenge, the Family Court allowed the claim of the respondents.
3. The brief facts necessary for the disposal of this case are as follows: The parties belong to the Hindu Thiyya community. The respondents contended that the first among them, Cheerootty, married the appellant, Dasan, on 23.10.1988, in accordance with the religious customs prevailing in their community, and that the second respondent was born in the wedlock on
(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 customary divorce must be proven with strong evidence of antiquity, continuity, and certainty to be legally recognized, especially under the Hindu Marriage Act.
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 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.
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....
Custom – Custom evolves by conduct – Customs too, like law, cannot remain stuck in time and others cannot be allowed to take refuge in customs or hide behind them to deprive others of their right.
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 must be validly proved under customary law with clear and certain evidence, beyond mere cohabitation or undocumented assertions.
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