Legal Question in Family Law in India

Hello sir,

I want to ask that if a person is seperated and divorce by way of customary way on stamp paper agreement before 6 years as per custom prevailing in his community(Christian-Gujarat-India). Now this person wants to go for declaration suit for divorce under Bare Act code of civil procedure 1809 rule 1 order 32A which covers HMA and SMA.So is this the right suit for declaration??

Please advice for the declaration suit only..Thank you


Asked on 11/10/11, 6:23 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may file a suit for declaration, even though it may not be necessary if a customary divorce is valid in law.

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Answered on 11/10/11, 6:31 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may go for the declaratory suit in case you have your doubts about the custom prevailing at the time of obtaining divorce under that custom.

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Answered on 11/11/11, 2:01 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes you can file a declaratory suit for divorce

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Answered on 11/13/11, 10:26 pm


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