Hindu Marriage Act 1955 – Chandigarh

Hindu Marriage Act 1955 – Chandigarh

The Punjab and Haryana High Court in a case titled as Nishan Singh v. State of Punjab CRWP no. 763 of 2021 decided on 27-01-2021 has held that 

Panchayati divorce has no recognition in the eyes of law as by  view of section 4 of the Hindu Marriage Act 1955, all customs and usages had ceased to have effect.

The petitioner approached the Court for protection of life and liberty while alleging that both of them are major and had performed marriage on 21-01-2021. Petitioner I was earlier married to one Mandeep Kaur and had taken a Panchayati divorce. It was observed by the Court that after enactment of the Hindu Marriage Act 1955, marriage and divorce qua Hindu was governed by the procedure as set out in the Hindu Marriage Act 1955. Therefore, in view of section 4 of the Hindu Marriage Act 1955, all customs and usages ceased to have effect. So, contention of the petitioner no 1 that he had sought Panchayati Divorce be not accepted.

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