Whether divorce can be settled in Panchayat level without going to court?

Tilak Marg Forum for Legal Questions Forums Family Law Whether divorce can be settled in Panchayat level without going to court?

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    • #591
      Anonymous
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      What is the legal validity of a divorce that is settled by members of local Panchayat or by a group of elders from both sides, without going to court?

    • #595

      Although from the question it is not clear as to what does the term “divorce settled” signifies. However, presuming that the Divorce is affirmed by members of local panchayat, without any formal decree being passed by the Court of Competent jurisdiction, the same shall have no effect in the eyes of law. the Hon’ble Supreme Court in the matter of “Mahender Nath Yadav Vs.Sheela Devi”, (2010) 9 SCC 484 has categorically held that “dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955.”

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