Customary Diverse

Pawan Patil (Querist) 04 February 2010 This query is : Resolved

Sir/Madam

As per Hindu marriage Act Section 29 (2) Customary diverse is legal

I would like to know HC order or District Court order issue regarding customary diverse

If yes, then who is applicable customary law

I am by birth Hindu & by cast Kumbi Patil . Resident at Pune Maharashtra

I want to take customary diverse before Panch with duly signed on Stump Paper & pay one time maintenance by DD.

The said document will be registered with office also

Is it legal?

Can any one help me & guide me?

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Raj Kumar Makkad (Expert) 04 February 2010
Yes. This is entirely legal.

N RAMESH. (Expert) 04 February 2010
To make it legal, you must prove that there is such custom prevalent in the community and is being continuously practised and is having the sanction of law.

The issue of proof would arise in case validity of such divorce is questioned.

Normally such customary divorce is allowed in case of tribal people, who still live and practice old custom.

N.K.Assumi (Expert) 04 February 2010
Customary prctices is much better and convinient; better preserved it and up hold it to the best of your communities efforts. This is what I experience it from my customs in contrast to HMA etc, which is mind boggling affairs and very expensive and time consuming.Of course like any other laws in every customs there may be abberations here and there like whether the parties are married or divorce etc etc.

Yamalapalli Haribob (Expert) 04 February 2010
Iam totally agreeing with Ramesh sir .

Guest (Expert) 04 February 2010
agree with Mr. Ramesh. Its is difficult to prove that this custom prevelent in your community and continuously practiced n having the sanction of law.

Ashok Yadav (Expert) 10 February 2010
Mr. Ramesh is right, i am agree with him.

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