How can a couple get separated without court and divorce

754 votes

Dear Sir,
The Supreme Court also recognized the customary divorce. Nothing will happen if you go for such option. Please come to my office.
=================================================================
Supreme Court of India
Yamanaji H. Jadhav vs Nirmala on 1 February, 2002
Author: S Hegde
Bench: N. Santosh Hegde, Doraiswamy Raju
CASE NO.:
Appeal (civil) 4969 of 1998
PETITIONER:
YAMANAJI H. JADHAV
Vs.
RESPONDENT:
NIRMALA
DATE OF JUDGMENT: 01/02/2002
BENCH:
N. Santosh Hegde & Doraiswamy Raju
JUDGMENT:
SANTOSH HEGDE, J.
The appellant in this appeal was the defendant in O.S.No.156 of 1982 before the Principle Munsif
Bijapur, which suit was filed by the respondent plaintiff praying for a declaration that a divorce deed
dated 26th of June, 1982 executed by her was obtained by coercion and threat and for cancellation
of the same. The said suit came to be dismissed by the trial court and an appeal against the said
judgment being dismissed, the respondent plaintiff appealed to the High Court. The High Court in a
second appeal has reversed the finding of the courts below and has decreed the suit with a further
direction that the concerned District Judge should file a complaint against the plaintiff for an
offence committed by him against his wife within three months from the date of the receipt of the
said judgment. As noted above, the appellant plaintiff is before us in this appeal.
We will refer to the parties in their status in which they were arrayed in the trial court.
The case of the plaintiff in the trial court was that her marriage with the defendant was solemnized
on 26th of May, 1978 and though they lived as husband and wife for some time, she was constantly
ill-treated by her husband consequent to which she was hospitalized. Subsequently the defendant
had filed a matrimonial suit for divorce in the year 1979 and the said suit came to be compromised.
However, the relationship between the two did not improve and husband was continuing to demand
a divorce from her. Ultimately, she was sent back to her parental home because of which she was
constrained to file a petition for maintenance. It is further claimed that the defendant forcibly took
Yamanaji H. Jadhav vs Nirmala on 1 February, 2002
Indian Kanoon - http://indiankanoon.org/doc/1641482/ 1

Advocate Kishan Dutt Kalaskar LawRato

755 votes

Hi...it's depend on your mutual understanding . It's better only if get divorce through court or else you can not marry once again legally . If you both parties are ready for marriage then go for mutual consent divorce.
Thank you

Advocate Rama Chandra Shenoy LawRato