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Can i get a customary divorce in delhi? As mutual divorce require time


15-Sep-2023 (In Divorce Law)
I am from delhi and got married in december 2020 in moradabad. My husband hurt me physically in june 2021 since then i have been living with my parents in delhi. I filed a case in women cell.. where we both agreed for mutual divorce. As we both are from jaat community... is it possible that we can get a customary divorce ? What is the procedure for that and is it legal in the eye's of law?
Answers (3)

Answer #1
791 votes
You had many options if your husband used to create nuisance and used to hurt you physically. Nevertheless if you have decided to fall apart by mutual divorce that’s well and good. That option is time and money saving and also quick. And there’s no concept of customary divorce. Only marriage can be entertained by customs of different religions and caste but divorce can only be taken by court only whether it’s mutual or not.
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Answer #2
645 votes
Hi,

You need to file petition Under Section 13B(1), a divorce petition can be moved by a couple following a separation of one year. This may be followed by another six months of waiting period under Section 13B(2) for getting a decree.
Customary/ panchayati divorce is no divorce .

Thanks
Ramit Sehrawat
Advocate
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Answer #3
771 votes
Query Perused. No, you cannot seek customery divorce as it would not be legally valid in India. For seeking divorce you both need to take legal recourse either by filing mutual consent divorce petition or a contested petition
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