Smt.K.Ananda vs P.Ranganatha Reddy on 7 September, 2018
14. The above facts would satisfy the requirements of a valid
custom. The ruling of the Madras high Court reported in
1
Balusami Reddiar v. Balakrishna Reddiar is to the effect
that the custom should not be opposed to decency or morality
and should not be against public policy. The case dealt with by
the Madras High Court (referred supra) pertains to a marriage
between the man and his daughter's daughter. The said
marriage was held to be against public policy. But, in the case
on hand, the question of custom of obtaining divorce before the
elders cannot be termed as being against public policy or being
opposed to decency or morality. In the above ruling, it is the
1
AIR 1957 Madras 97
11
custom of marrying a grand daughter, which is held to be
opposed to public policy. Obtaining divorce cannot be held to be
opposed to public policy. The custom only created a separate
forum for divorce.