proper pleadings by the
party contending the existence of a customary divorce in the
community to which the parties belonged and whether such
customary divorce ... being a
customary divorce based on which the document of divorce has
come into existence bearing in mind that a divorce by consent is
also
case on behalf of the
respondent-husband that there was a customary divorce between the
respondent and his first wife, which was prior ... fact of earlier marriage of the respondent and the customary
divorce obtained by him and, therefore, the uncontroverted evidence of
the respondent has established that
divorce was executed between them and proved the same as Ex.R2. She deposed that there was a custom of divorce under the customary ... custom about customary divorce in their brotherhood and District Sangrur. He deposed that his daughter Satwant Kaur, was divorced through customary divorce prevalent in their
Verified
Digitally signed by
NARENDRA PRASAD
Date: 2019.07.16
way of customary divorce, much prior to the coming into force
17:33:40 IST
Reason ... that the plaintiff has failed to prove that there
is any customary divorce which has taken place between the
plaintiff and Kaveribai. The Judgment
being a customary divorce
based on which the document of divorce has come into existence bearing
in mind that a divorce by consent is also ... issue of
alleged customary divorce in the Maratha community by executing deed
of divorce before panchas and such alleged customary divorce was not
proved
Panchayatdars and elder members of the family.
(d) After the said customary divorce on 2.9.1988, Ponnan married the first petitioner on 14.9.1990. First Petitioner ... being a customary divorce based on which the document of divorce has come into existence bearing in mind that a divorce by consent is also
into force of the Hindu Marriage Act , there can be no customary divorce. The trial Court has further held that there had been no marriage ... customary divorce. The fact of existence of customery divorce has been referred in Ex. A.2 indicating that the parlies have pleaded customery divorce
even if there was such a marriage, as she obtained a customary divorce in the presence of caste elders before her marriage with the respondent ... date of her marriage with the respondent as she obtained customary divorce before the caste elders. She further deposed that this fact is known
support of it. Respondent in her defence denied the plea of customary divorce and pleaded that document of divorce dated ... evidence held that the defendant/respondent neither deserted her husband nor customary divorce took place between them. Learned Trial Court further held that defendant/respondent
learned Senior
Counsel, Mr.Veera Kathiravan is that there was a customary divorce
between the petitioner Sudalaimani and his wife Muthammal @
Muthulakshmi ... petitioner himself has
stated that he has married Jeevarathinam after proper customary divorce, I
am inclined to consider the above submission of the Mr.Veera
