http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 21

PETITIONER:

SHAKUNTALABAI & ANR.

Vs.

RESPONDENT:

L.V. KULKARNI & ANR.

DATE OF JUDGMENT28/03/1989

BENCH:

SAIKIA, K.N. (J)

BENCH:

SAIKIA, K.N. (J)

OZA, G.L. (J)

CITATION:

1989 AIR 1359 1989 SCR (2) 70

1989 SCC (2) 526 JT 1989 (1) 607

1989 SCALE (1)737

ACT:

Hindu Law--Udiki form of marriage prevalent among Li

n-

gayats--Ancient and unbroken custom of dissolution of ma

r-

riage-Whether prevalent--Proof of----Secti

on

57--Customs--Judicially recognised by Court--Passes in

to

law--Proof unnecessary. Serai Udiki marriage among Panch

a-

masal Lingayats--Custom--Proof of.

HEADNOTE:

This is defendants’ appeal arising out of a suit for part

i-

tion.

One Mallappa Kulkarni had two sons: Veerappa and Gura

p-

pa. Verrappa is survived by his son Lingappa. Gurappa, w

ho

was in the service of Railways married Channavva (fir

st

wife) on 16.2.28 but since she remained issueless, he rema

r-

ried in 1955 Chinnavva (second wife). From this marriage t

wo

daught