The Calcutta High Court in its judgment held that the exception of customary divorce under the “Hindu Marriage Act” is not applicable unless the court declares in regard to its validity.
In this case, the Assistant Secretary to the West Bengal Government denied granting the pension to the petitioner under the ‘Swatantra Sainik Samman Pension Scheme’. The petitioner was of the view that, she is the legally wedded wife of the deceased Sainik. She relied on the deed of declaration of divorce via customs with the first wife of the deceased. The government did not accept her plea. As per the government, the said deed is not valid under the “Hindu Marriage Act”.
The petitioner filed the present petition before the Calcutta High Court.
Calcutta High Court Held That:
To obtain the benefit of the provision of customary divorce the parties first must establish the custom itself. And, such declaration of divorce must be specifically pleaded by the parties in the court. And, the court must establish its validity.
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