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SABYASACHI BHATTACHARYYA
Krishna Veni – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Sabyasachi Bhattacharyya, J.) :-
1. The present challenge has been preferred by Smt. Krishna Veni, the second wife of Sardar Natha Singh (since deceased), who was a freedom fighter getting pension from the Central Government under the Swatantra Sainik Samman Pension Scheme, 1980 till his demise on August 25, 1984. The petitioner, relying on a deed of declaration of divorce, purportedly executed by respondent no.11, the first wife and Sardar Natha Singh, the husband of the petitioner, claimed widow pension under the said Scheme, which was refused by a communication dated March 6, 2012 issued by the Assistant Secretary to the Government of West Bengal on the ground that such deed of divorce dated December 19, 1956 was not acceptable under the Hindu Marriage Act, 1955, in the absence of a decree for divorce obtained from a competent court of law.
2. Learned counsel submits that the petitioner and her deceased husband were governed by customs of Jat Sikhs, which permit such a divorce. As such, the petitioner claims that Section 29(2) of the Hindu Marriage Act, 1955 is attracted. Sub-section (2) of Section 29 of the Act provides that nothing contained in the Act shall be deem
(1) In order to justify an exception to Section 13 of Hindu Marriage Act, 1955 within purview of Section 29(2), petitioner had to approach a civil court and establish by evidence that dissolution of ....
(1) For Section 29(2) of Hindu Marriage Act, 1955 to be invoked, it has to be established by party relying on a custom that right of party was recognized by custom, to obtain dissolution of a Hindu m....
The main legal point established is that the marriage between the parties could not have been dissolved merely on the basis of a compromise allegedly entered into between the parties. The court empha....
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 ....
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