LAWS(UTN)-2016-10-44

DAVENDRA SINGH Vs. SUSHIL DEVI

Decided On October 07, 2016
DAVENDRA SINGH Appellant
V/S
SUSHIL DEVI Respondents

JUDGEMENT

(1.) Having heard the rival submissions at the stage of admission of this appeal, I think only the following substantial question of law arises:

(2.) As the facts emerged out from the respective submissions of learned Counsel of the parties, it is accepted that the marriage of Smt. Sushila Devi with Davendra Singh was not an arranged one, but was as a consequence of mutual courting and ritually it was held on 23.10.2004. Within a span of one and half years, there spousal relations became very bitter inasmuch as they could not continued together and Smt. Sushila Devi was constrained to leave for her parental house.

(3.) Although the Hindu Marriage Act does not contemplate the divorce by mutual consent, out of the Court, even though on the stamp paper of Rs. 20/-, a divorce deed was written between them in the presence of their respective father and Pradhans of their villages, besides several other witnesses and they formally (may not be legally) segregated themselves form their relationship with the stipulation that if Smt. Sushila Devi will remarry, then the jewelleries comprising of tops, mangal sutra and nath, which she had carried along with herself, will have to be returned to the husband Davendra Singh.