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Divorce by mutual consent in the case of schedule tribes.


29-Aug-2023 (In Divorce Law)
Sir I belong to schedule tribles (Hindu). So hindu marriage act not applicaple on us. We are living sepretely since last one year. we are agree on ground of mutual consent divorce as per our customs and tribal rule.How can i get legally safeguard of every angle? can she claims for maintenance in future? can i use sec 13 of hindu marriage act. please suggest me best/legal way Thanks
Answers (3)

Answer #1
603 votes
Since you notified tribe (I presume) then you have to file annulment of marriage before the civil court as you are not Hindu and the HMA is not applicable on tribe. Get the summon served in the first instance.
Answer #2
577 votes
You can not file divorce under section 13 of Hindu marriage act.for safe guard each and every aspect file a civil for declaration for separation and settle all the terms and conditions mutually in that suit.
Answer #3
838 votes
Yes she can ask maintainance under section 125 of cr p c and also under domestic voilence act. You can request to court to settle the matter under sec 13 of hindu marriage act and can also settle the matter under customs which is in fashion in your society

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