NALLATHANGAL Vs. NAINAN AMBALAM

JUDGEMENT

(1.) The revision petitioner in this case is a wife whose proceeding under S. 488 (1) of the Crl. P. C. was dismissed by the learned Sub Divisional Magistrate of Dindigul upon a finding of fact that the petitioner had been actually divorced from her husband by virtue of a Caste Panchayat and that there was hence no subsisting marriage.

(2.) It is not in dispute before me that though Hindu Law does not recognise a divorce between husband and wife, marriage being regarded as an indissoluble sacrament, nevertheless, the custom in certain communities may be widely different, permitting a valid divorce by means of a caste Panchayat or similar tribunal.

(3.) With respect to the effect of recent legislation upon this matter, this is, the Hindu Marriage Act XXV of 1955, the question seems to have come up in this court, and the decision is briefly reported. In Parvathi Ammal, In re, 1957 Mad WN Crl. (N. R. C.) 4, Ramaswami J. held that the customary rights of divorce were saved by S. 7 of of Madras Act VI of 1949, and that such divorces continue to have the force of law among the communities where the custom prevailed. In the present matter, it is not denied that there is such a custom among the Ambalagars, and the finding of fact must be upheld that the revision petitioner and her husband were actually divorced by means of such a caste panchayat. The precise grounds upon which this divorce was granted, the particular party or parties who took the initiative in this matter, and the precise attitude of the husband and wife towards the Caste Panchayat are details into which we cannot proceed here. In fact, the record is not adequate upon this aspect, since it was not directly in issue.