Is Divorce decree compulsory ?

Article written by Advocate Alpa Jogi on Is Divorce decree compulsory ?

Is Divorce decree compulsory ?

Time and again we have been advising our clients that getting a divorce decree from the Competent Court is always advisable despite owing the fact that customary divorce is permissible in their caste/tribe.

Honourable High Court of Judicature for Rajasthan at Jodhpur in D.B. Special Appeal (Writ) No.72/2022 has said that “Candidates belonging to Scheduled Tribe/Tribal Sub Plan are not precluded from obtaining decree of divorce from the competent court having jurisdiction to decide the matrimonial disputes. Exemption from presenting decree of divorce, issued by competent court cannot be sought on the ground of customs prevalent in their communities. The customs/practices prevailing in a particular community cannot be allowed to supplement the terms and conditions of a recruitment process involving large number of candidates belonging to various caste, religion, faith and communities.” The intra court appeals succeeded and were allowed by the Honourable Court.

The honourable high court in the above case has taken the view that customs cannot be allowed to supplement the terms and condition of a recruitment process. Hence, it is always advisable to obtain a divorce decree from the competent court even if customary divorce is prevalent and acceptable in particular caste/tribe.

Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.

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