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Divorce rules for scheduled tribes and Procedure to get divorce
17-Jul-2024 (In Divorce Law)
In India, divorce for Scheduled Tribes (STs) is primarily governed by customary laws and traditions, rather than statutory laws like the Hindu Marriage Act (HMA) of 1955. Section 2(2) of the HMA specifically excludes members of Scheduled Tribes unless a central government notification directs otherwise. Customary laws vary by tribe and often involve village panchayats or community elders in the divorce process. Courts generally uphold these customs if properly proved, though ST couples who follow Hindu rites may, in some cases, seek divorce under the Hindu Marriage Act.
The rights of women, including property and alimony, depend on the specific tribe?s traditions, which can range from equitable to restrictive. Since customary divorces often lack formal documentation, registering the marriage under the Special Marriage Act, 1954 is recommended to ensure legal recognition of divorce. Overall, the legal framework for ST divorce is highly tribe-specific, with courts validating customary practices unless they conflict with statutory law.
Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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