A customary divorce took place when a panchayati decision was arrived at requiring the petitioner to pay alimony to Kalo Devi. Both of them remarriages somewhere else without formal decree of Court. Departmental action was taken against appellant for second marriage. Proceeding quashed.
Hon'ble Court observed, "Another instance of conflict between India and Bharat. The social norms in Rural India are not accepting the changes which the legislature intends to bring. Hindu Marriage Act 1955! It is observed more in breach rather than in compliance in rural areas. The reason appears to be that the rural society is not in sync with the modern ethos which the city bred propagates...
Suffice would it be to state that intention plays a very important part in every wrong. Needless to state an act becomes a wrong if backed with the requisite intention. Lacking an intention, an act would not be an offence."
Hon'ble Court observed, "Another instance of conflict between India and Bharat. The social norms in Rural India are not accepting the changes which the legislature intends to bring. Hindu Marriage Act 1955! It is observed more in breach rather than in compliance in rural areas. The reason appears to be that the rural society is not in sync with the modern ethos which the city bred propagates...
Suffice would it be to state that intention plays a very important part in every wrong. Needless to state an act becomes a wrong if backed with the requisite intention. Lacking an intention, an act would not be an offence."
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