Is customary divorce valid in Hindu law?
A Single Bench of Justice Sabyasachi Bhattacharyya has made it clear that the validity of such a divorce has to be established by a deed of declaration. … The Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29(2) of the Hindu Marriage Act.
What is the customary divorce?
A customary divorce is a recognised method of separation without involving the court if such a custom is recognised by marriage laws. Speaking contrary to the general notion prevalent regarding the indissolubility of Hindu marriages, a large section of Hindus among the lower castes have traditionally practiced divorce.
How do you divorce in customary law?
Section 8 is instructive in providing that a customary marriage is to be dissolved by a decree of divorce granted by a competent court. As of necessity, this provision means that a customary marriage is to be dissolved like a civil marriage and that the provisions of the Divorce Act 70 of 1979 will apply.
What is customary divorce under Hindu Marriage Act 1955?
The customary divorce deed executed between the parties can be legally recognised and accepted mode of dissolution of marriage under the Hindu Marriage Act, 1955. As the same is legally recognised no further action is required to be taken for reasserting the dissolution of marriage.
Will divorce theory?
Another theory of divorce is that of mutual consent. The underlying rationale is that since two persons can marry by their free will, they should also be allowed to move out of the relationship of their own free will. … The third theory relates to the irretrievable breakdown of the marriage.
– “Full blood” and “half blood”- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.
What are the requirements of a valid customary marriage?
Requirements for a valid customary marriage
- The prospective spouses must both be above the age of 18 years;
- They must both consent to be married to each other under customary law; and.
- The marriage must be negotiated and entered into or celebrated in accordance with customary law.
Is unregistered customary marriage valid?
In any event s 4(9) of the Act provided that failure to register a customary marriage did not affect the validity of that marriage. … In conclusion, the non-registration of a customary marriage does not affect the validity of such marriage, thus such marriage is not null and void.
What is a customary wife?
Description: A customary marriage is one that’s “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa“. … A woman gives this beaded necklace to a man when she agrees to marry him. It’s a symbol of her love for him.
Can you divorce in customary marriage?
The Act made it possible for customary marriages to be registered and to regulate the rights of all parties involved in the marriage during the marriage, a divorce, or dissolution.
Can customary marriage be dissolved?
It should be noted that customary marriages are deemed to be in community of property and of profit and loss between the parties. A customary marriage may, therefore, be dissolved by a decree of divorce, based on the ground of the irretrievable breakdown of the marriage.
When can a customary marriage be dissolved?
Termination of a customary marriage
Spouses have a duty to register the customary marriage at Home Affairs within three (3) months after the marriage has been concluded. Once the marriage is registered and valid, it can only be terminated by filing for a decree of divorce via court, same as that of a civil marriage.