VINOD YOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts of the matter are as under : -

(2.) A perusal of the record shows that an application under Sec. 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") was moved on behalf of the petitioner and her husband on 4/6/2018, that is, after the date of the issuance of the order for document verification.

(3.) Counsel for the petitioner submitted that vide customary rituals, "chhutpalla" had already taken place between the parties on 23/10/2015 and therefore the petitioner had effectively been judicially separated since that date. Counsel further submitted that keeping in view the said document dtd. 28/10/2015 only, the decree for divorce on the basis of mutual consent had been granted by the competent Court on 8/8/2018. Therefore, the earlier customary document ought to have been considered, the same being a valid document establishing her to be a divorcee. He further submitted that even vide interim order dtd. 19/6/2018, the petitioner's candidature was directed to be considered provisionally in the category of OBC (divorcee) and now, as the seats still remain vacant, she should be afforded appointment.