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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.
Telangana High Court Cites 5 - Cited by 0 - Full Document

Gudibandla Hanumaiah vs Gopathy Mallayya Who Styles Himself As ... on 20 February, 1958

7. Apart from that, there is evidence in the case that there is a custom in the community of adopting the daughter's son. D.Ws. 2 and 3 speak to that custom. Those witnesses were not cross-examined on this point. Moreover, the witnesses depose that in the particular community, it was permissible to marry a daughter's daughter. Shri Konda Kotaiah, relying upon a decision of the Madras High Court in Balusami v. Balakrishna, , contends that the custom regarding marriage being opposed to decency and morality should not be recognised. It is not necessary for us to decide whether the custom of marriage is made out and whether it should be duly recognised. On the evidence on record we come to the conclusion that the custom of adopting the daughter's daughter's son is made out.
Andhra HC (Pre-Telangana) Cites 2 - Cited by 0 - Full Document
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