Delhi High Court Rules Panchayati Divorce Cannot Validate a Second Marriage Under Hindu Law

New Delhi: The Delhi High Court has clarified that any marriage conducted in violation of the Hindu Marriage Act (HMA) is legally invalid. The court rejected an appeal by a woman who sought to recognize her second marriage based on the Jat community custom of “Panchayati divorce.”

Case Background
The appeal was heard by a bench comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan. The woman had challenged a Family Court decision dated 7 June 2024, which declared her second marriage invalid under Section 5(1) and Section 11 of the Hindu Marriage Act, 1955. These provisions state that if either party is already married to a living spouse, any subsequent marriage is legally null and void.

Legal Questions Considered
The High Court examined two key questions:

1. Whether the appellant could prove that the Jat community custom of Panchayati divorce is a sufficient ground for dissolution of her first marriage.
2. If so, whether a valid Panchayati divorce had actually taken place between the appellant and her first husband.

Court’s Decision
After reviewing all evidence, the court found that the appellant failed to prove that her first marriage had been dissolved according to community customs. Consequently, her second marriage is legally invalid under Section 5(1) of the HMA.

The court further noted that merely citing other instances where Panchayati divorces were granted was insufficient. The appellant did not provide any documentary proof, texts, or official Panchayati decisions to demonstrate the long-standing recognition of the practice within the community.

Evidence Requirement for Custom Claims
The High Court emphasized that any claim of community custom contrary to codified law must be substantiated with concrete evidence. Customs cannot be generalized or assumed; they must be proven through references in texts, legal interpretations, or long-standing practice. The evidence presented by the appellant was deemed inadequate to establish the validity of Panchayati divorce.

Conclusion
The court’s ruling underscores that personal or community customs, such as Panchayati divorce, cannot override statutory provisions of the Hindu Marriage Act. Any second marriage conducted without a legally valid divorce from the first spouse remains null and void.