CASE Jasbir Singh v. Inderjit Kaur

Core idea: The Punjab & Haryana High Court accepted a customary divorce among Jat Sikhs. Section 29(2) of the Hindu Marriage Act protects valid, proven customs.

No fraud was proved. Since the earlier marriage had already ended by a valid custom, the plea for nullity failed. The appeal was dismissed.

• Was Kaur’s earlier customary divorce legally valid?

1. Section 29(2), Hindu Marriage Act: Existing valid customs are preserved and recognized.
2. Proof of Custom: Must be established by evidence and witnesses; custom should be ancient, certain, reasonable.

Held: The High Court recognized the Jat Sikh customary divorce under Section 29(2) HMA. Evidence showed that such a custom existed and was followed. The earlier marriage had ended by that custom when Kaur married Singh.

Fraud was not proved. The appeal was dismissed.

• Section 29(2) HMA preserves valid pre-existing customs; courts can recognize a customary divorce on proof.
• Once custom and compliance are proved, allegations of subsisting earlier marriage fail.

The case explains how custom works alongside the HMA. It shows the proof standard for customs and how Section 29(2) protects such practices when valid and established.

• Courts can recognize customary divorce if properly proved.
• Section 29(2) preserves existing customs under HMA.
• Lack of fraud + valid custom → annulment plea fails.

Mnemonic: “CUSTOM PROVED, MARRIAGE MOVED”

1. Custom Exists: Show practice with witnesses/evidence.
2. HMA Shield: Section 29(2) preserves valid customs.
3. Outcome: Prior tie ended → new marriage stands.

Issue

Was Kaur’s customary divorce valid and protected under Section 29(2) HMA?

Rule

Section 29(2) HMA; recognition of pre-existing valid customs; proof by testimony and consistent practice.

Application

Evidence showed a customary Jat Sikh divorce. The Court accepted that the custom existed and was followed in the prior marriage.

Conclusion

Customary divorce recognized; fraud not proved; appeal dismissed.

Customary Divorce

A divorce obtained through a community’s recognized traditional practice.

Section 29(2) HMA

A clause that preserves valid pre-existing customs despite HMA provisions.

Nullity

A request to declare a marriage void/voidable from the start.