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IN THE HIGH COURT OF DELHI AT NEW DELHI
MR. ANIL KSHETARPAL, MR. HARISH VAIDYANATHAN SHANKAR, JJ
SMT. SUSHMA – Appellant
Versus
SH. RATTAN DEEP & ANR. – Respondent
| Table of Content |
|---|
| 1. appeal discusses recognition of customary divorce. (Para 1 , 2 , 3 , 4) |
| 2. court affirms that evidence provided is inadequate to prove the custom. (Para 10 , 12 , 14 , 19) |
| 3. final conclusion of appeal dismissal based on previous marriage validity. (Para 24 , 26) |
JUDGMENT
ANIL KSHETARPAL, J.
1. Through the present Appeal, the Appellant assails the correctness of a judgment and decree dated 07.06.2024 [hereinafter referred to as ‘Impugned Judgment’] passed by the Family Court while granting declaration to the effect that her alleged marriage with the Respondent No.1 was void as it was solemnized in contravention of Section 11 read with Section 5 (1) of Hindu Marriage Act, 1955 [hereinafter referred to as ‘ HMA ’].
2. The following two questions require adjudication in the present Appeal:
i. Whether the Appellant has successfully proved that ‘custom’ constitutes sufficient ground to take Panchayati Divorce among the ‘Jat’ community, thereby dissolving the marriage? and
ii. If the answer to the first question is in the affirmative, whether there was Panchyati Divorce amongst the Appellant and the Respondent No.1.
3. In order to comprehend the issues involved in the present
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