Customary divorce a 'social evil' that can never be approved by law: Gujarat HC

The Gujarat High Court declined to recognise a customary divorce to a woman from the Leuva Patel community on the ground that there was nothing to prove that the community had any such ancient custom as required by the law. It noted that the practice is "undoubtedly a social evil" and was "happening on account of the attitude of ill-minded male chauvinists."

It was dealing with the case of a woman from Amreli district who was separated through customary divorce. Such a divorce is recognised by law only if the practice is deemed ancient or existed prior to Hindu Marriage Act, 1955. The litigant wants and is hoping for a valid decree passed by a competent court as she wants to remarry and settle abroad.

She moved the Ahmedabad civil court to obtain the decree which was denied on the ground that she failed to prove that customary divorce is prevalent in the Leuva Patel community. While challenging the order in the High Court, the woman produced affidavits filed by five individuals claiming that the community has such a mechanism for separation.

The division bench led by justice Pardiwala stated that evidence of the plaintiff doesn't prove that customary divorce was prevailing in her community or that it was ancient and prior to the passage of Hindu Marriage Act, 1955.

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Terming such divorce as "a social evil," the bench has said, "Customary divorces undoubtedly are happening on account of the attitude of ill-minded male chauvinists. Customary divorces are decided by few persons, who may not have much idea about the social developments and the constitutional perspective. Be that it be, the only concern of this Court is that such customary divorces are approved by the Civil Courts even without ascertaining the basic factors regarding the customs prevailing as well as practice. Customary divorce can never be approved nor recognised by the law."

The bench has also stated that "As far as our Indian society is concerned, divorce is a social evil." "Characteristically molded individuals alone can constitute a good family. A good family constitutes a good Nation. A good Nation alone can prosper in developmental activities. Thus, good families are the foundation for the development of our great Nation. The concept of family, even during ancient times, considered as the root for unity and for individual developments.

When these all are the concepts being adopted by the Indian Society, even during primitive days, still we love and recognize the concept of family. The man being a social animal cannot live separately. Under these circumstances, on the one hand we are talking about women empowerment, opportunity for women in all fields and at all levels, however, we are neglecting certain other factors, like, grant of divorce, non-maintenance etc," the order reads.

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