Legal Question in Family Law in India
n the State of Gujarat, in Vankar community, there a time immorial practice of taking/granting divorce by mutual consent, on a paper and/or Stamp Paper. Whether divorce taken by this way, is valid causr for remarriage by either persons to that marriage. Whether it requires any " waiting period" after entering such deed of "Customary Divorce" by couple of that Vankar community. Kindly guide. Thanks in anticipation.
1 Answer from Attorneys
Sir
Divorce can be taken only by way of a Court Decree. However, the law provides an exception to that, "where there is any custom prevailing in any particular community, to take divorce in customary manner (like divorce in front of its community head and do give and take, by executing divorce deed, by any other customary practice prevailing in the community over the period of time)".
Gujarat High Court, has approved such customary divorce, provided that such custom prevailing in such community is established. Gujarat High Court, has approved such customs in Patel Community, however, so far so i know, no such case has come before the High Court pertaining to "Vankar" community.
Hope this would be of help. Should you require any assistance then feel free to contact.
Vivek N Mapara
vnmlaws.com
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