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Need information on customary divorce
27-May-2023 (In Family Law)
SIR ONE OF MY FRIEND BELONGING TO ST(ERUKULA) COMUNITY HAD TAKEN CUSTOMARY DIVORCE WITH WITNESSES OF 10 MEMBERS INCLUDING PARENTS FROM BOTH SIDES INCLUDING BHARANAM AMOUNT WAS ALSO SETTLED ON 100 RS STAMP PAPER IN THEIR CASTE PANCHAYAT 15 MONTHS BACK NOW HE WANTED TO MARRY OTHER GIRL BELONGING TO OTHER CASTE COMUNITY (HINDU),NOW CAN HE GET DIVORCE DECREE CERTIFICATE THROUGH COURT BASED ON THAT CUSTOMARY DIVORCE BY TREATING IT AS MUTUAL CONCENT WITH IN A SHORT PERIOD OF TIME
No, he can't get divorce nunder mutual consent untill unless the wife is present in the court. The customary divorce is not valid in the eyes of law. Again they have to present in​ the court and get divorce.
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Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
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HI
Unfortunately courts do not recognize customary proceedings in a divorce case.
However your friend and his ex-wife can appear in the court and submit the 100 Rs stamp paper as mutual consent agreement for divorce and based on the said document, courts will grant divorce. Please note that the waiting period for a mutual consent divorce is 6 months but both parties should be present in court.
Unfortunately courts do not recognize customary proceedings in a divorce case.
However your friend and his ex-wife can appear in the court and submit the 100 Rs stamp paper as mutual consent agreement for divorce and based on the said document, courts will grant divorce. Please note that the waiting period for a mutual consent divorce is 6 months but both parties should be present in court.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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here the mandatory period for obtaining divorce by mutual consent is 6 months. though it is a customary divorce which is valid in some communities but it is valid if you get the divorce by mutual consent through a regular court process.
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Adv. Dwara Pallavi
Hyderabad | 200+ Answers
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Hello sir,
As per the above facts, it is clear that they both are Hindus. Though the settlement executed on Rs.100/- non judicial stamp paper, it is not legally valid, and that settlement is not considered as mutual consent before the Hon'ble Family Court. So, it is mandatory to file O.P. before the Family Court U/sec. 13-B of Hindu Marriage Act and the presence of parties mandatory on the date of filing and after 6 months. The decree of Divorce granted by the Court is only valid.
As per the above facts, it is clear that they both are Hindus. Though the settlement executed on Rs.100/- non judicial stamp paper, it is not legally valid, and that settlement is not considered as mutual consent before the Hon'ble Family Court. So, it is mandatory to file O.P. before the Family Court U/sec. 13-B of Hindu Marriage Act and the presence of parties mandatory on the date of filing and after 6 months. The decree of Divorce granted by the Court is only valid.
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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