AIR 1960 MADRAS 179 ::1973 MadLW 308 ::1960 MadLJ(Cri) 140 ::(1960) 1 MadLJ134

Madras High Court

Hon'ble Judge(s): M. Anantanarayanan , J

Criminal P.C. (5 of 1898) , S.488— Wife's right of maintenance - Proof of subsisting marriage - Divorce by custom - Rights saved even after Hindu Marriage Act - Lower court refusing maintenance on ground of divorce by Caste Panchayat - High Court will not interfere in revision. Hindu Law - Marriage - Divorce - Custom. Though Hindu law does not recognise a divorce between husband and wife, nevertheless the custom in certain communities may permit a valid divorce by means of a caste panchayat or similar tribunal. Even after the passing of the Hindu Marriage Act 1955, customary rights of divorce were saved and such divorces continue to have the force of law among the communities where the custom prevailed. (1957 MWN Crl. (NRC) 4, Ref.) There is such a custom among the Ambalagars. The proposition that unless both parties had specifically agreed, a divorce granted by a Caste Panchayat would be against public policy and could not be enforced by courts: AIR 1945 Mad 308 and AIR 1915 Bom 107, seems to be too widely stated. Where the trial court finds that the petitioner and the husband were actually divorced by means of a caste panchayat, the High Court will not interfere in revision on the ground that unless both parties agreed the divorce granted by the caste panchayat cannot be enforced by courts.(Para 2 3 ....