SHAKUNTALABAI & ANR. versus L.V. KULKARNI & ANR.

SHAKUNTALABAI & ANR. versus L.V. KULKARNI & ANR.

There exists an ancient and unbroken custom of dissolution of marriage and of Serai Udiki marriage among Panchamasal Lingayats, judicially noticed by Courts. In the present case, the fourth defendant's prior marriage was customarily dissolved, and she was legally married to Gurappa in the valid customary form (Udiki...

Source-derived case information.

Parties
Appellant: Shakuntalabai; Respondent: L.V. Kulkarni; Respondent: Ranjit Kumar
Jurisdiction
India
Judgment Date
28 March 1989
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed; High Court judgment set aside; Civil Judge's judgment and decree restored.
Legal Topics
Customary Marriage, Validity of Marriage, Dissolution of Marriage, Proof of Custom, Judicial Recognition of Custom
Family Law Hindu Law Customary Law Customary Marriage Validity of Marriage Dissolution of Marriage Proof of Custom Judicial Recognition of Custom

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Parties

Shakuntalabai

Appellant

L.V. Kulkarni

Respondent

Ranjit Kumar

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether proof of custom of Udiki marriage was adduced by the fourth defendant
  2. 2 Whether Udiki marriage itself implied dissolution of earlier marriage
  3. 3 Whether separate custom of dissolution of the earlier marriage was pleaded and proved

Ratio Decidendi

There exists an ancient and unbroken custom of dissolution of marriage and of Serai Udiki marriage among Panchamasal Lingayats, judicially noticed by Courts. In the present case, the fourth defendant's prior marriage was customarily dissolved, and she was legally married to Gurappa in the valid customary form (Udiki marriage), accepted by the community, thus her marriage cannot be declared illegal posthumously.

Court Disposition

Appeal allowed; High Court judgment set aside; Civil Judge's judgment and decree restored.

Orders

  • Judgment of the High Court set aside
  • Judgment and decree of the Civil Judge restored