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Tribal wife harassed by husband marriage not being terminated


22-May-2023 (In Divorce Law)
a destitute tribal wife, employee,married and subjected to harassment by husband. she approached caste elder for termination of marriage but the elder are biased and demanded huge amounts for customary divorce; For getting divorce from court of law, tribal marriage is not governed by Hindu Marriage Act.; how could she get divorce; under what law is applicable. Please reply as early as possible with regards S.S.PRASAD, ADVOCATE
Answers (3)

Answer #1
596 votes
Dear Client, Hindu marriage act applicable to Hindus and other who do not fell under any other religion or Tribe. If as per custom the particular tribe does not come under Hindu marriage act she approach elders who are favorable to her. There are so many elders. If some elders in tribe will not help her, some other elders who will help her to get the marriage dissolved.
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Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

LawRato Vijayawada | 400+ Answers
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Answer #2
837 votes
Sir, she can file divorce under special marriage act. where in she can apply. in this act mode of marriage is implemented where there is no codified religious marriage. therefore file the petition in according to special marriage act which will fulfill your purpose
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Answer #3
532 votes
Hi, As you have rightyly said that However, power has been given to the Central Government to issue a notification in the official gazette for making the provisions of this Act applicable also to the members of Scheduled Tribes .It may be emphasised that mere pleading of a custom by itself was not sufficient unless it is proved . In order to disprove the husband will be under an obligation to show the existence of a custom , having no force of law or binding effect, incapable of being enforced in law or non est.As such you are left with no other option file divorce as per Hindu Marriage Act.
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Advocate Mohammed Abdul Quadeer

Adv. Mohammed Abdul Quadeer

LawRatoHyderabad | 400+ Answers
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