ISHER SINGH Vs. BHAN KAUR
HIGH COURT OF PUNJAB AND HARYANA
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(1.) THIS petition for revision involves the decision of a somewhat novel point relating to a custom by which divorce was permissible among the Jats of erstwhile Malerkotla State before the enactment of the Hindu Marriage Act, 1955.
(2.) ONE Ishar Singh instituted a suit in the Court of Sub-Judge 2nd Class, Malerkotla, for the dissolution of his marriage with Mst. Bhan Kaur on the allegation that he was married to her nearly 15 or 20 years ago but that for the last 1. 2 years she was living in adultery with one Baggu (who was his brother) and that according to the custom by which the parties were governed, he was entitled to a divorce on the ground of the wife's immorality. The suit was contested by Bhan kaur inter alia on the ground that she was not immoral and that under the law by which the parties were governed there could he no divorce.
(3.) THE following two issues were raised:
" (1) Whether the suit is maintainable? (2) Whether the defendant is unchaste and on that ground under Customary Law the plaintiff is entitled to the dissolution of the marriage?";
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