Delhi High Court: Hindu Customary Divorce Recognised Only When Proven With Clear, Credible Evidence

The Delhi High Court held that a Hindu customary divorce can be recognised only when supported by clear and convincing evidence.

The Court said that a party seeking recognition of a custom contrary to the Hindu Marriage Act must prove long and continuous usage through judgments, historical material, or community records.

It is observed that custom cannot be inferred by analogy or proved merely through a few witnesses.

The Court upheld a family court order declaring a woman’s second marriage void, noting that the family court had incorrectly accepted the existence of such a custom, and that she failed to show credible proof of a valid customary divorce, relying only on a photocopied deed.

[Smt. Sushma v. Sh Ratandeep & Ors.]