Hindu Marriage Act, 1955
Section 13—Dissolution of marriage—Dismissal of application filed by husband—Appeal—Deed of divorce as per custom—Submission of appellant that as per statement of wife herself she admitted the custom of the like nature to get separated by custom name “Chod-Chutti” is operative in the family and society and therefore such deed was executed—Customary divorce and separation reduced into writing followed by separation would be a valid divorce when custom is proved—Parties have separated since long and with the passage of time it do not show that there is any intention of reunion—Marriage stand dissolved under Section 13 of the Hindu Marriage Act by decree of divorce primarily on the ground of ‘Chod-Chutti’ document followed by desertion of each other—Appeal allowed.
[Paras 14, 15, 17 & 18]