SMT. GURNAM KAUR Vs. GURDIP SINGH UBEROI

JUDGEMENT

(1.) THIS is an appeal by the wife Shrimati Gurnam Kaur against a decree passed in favour of the husband Gurdip Singh annulling their marriage under Section 11 of the Hindu Marriage Act, 1955.

(2.) THE facts are not in dispute. The parties were married at Delhi on the 3rd of November 1960. They are first cousins, Gurdip Singh being a son of Shrimati Ram Piari and Shrimati Gurnam Kaur being a daughter of Mr. Sampuran Singh Butalia, the parents being the daughter and son of Kahan Singh Butalia. The petition was filed within a year of the marriage in October 1961 for annulment on the ground that it contravened Clause (v) in Section 5 of the Act. The relevant portion of Section 5 reads - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: * * * * * * * *

(3.) BEFORE considering the evidence I shall refer to the definition of 'custom' and 'usage' contained in Section 3(a) of the Act. This reads the expressions 'custom' and 'usage' signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy ; and