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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
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.
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.
Helpful?
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15+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Can schedule tribes divorce as per Hindu Marriage Act?
You can go to the family court, and explain your situation there. You can still get divorced if you dont qualify for HMA. You can ask the tribal panchayat to appoint judicial officers in your case.
How do you deal with an unexpected divorce?
Take care of your emotional and physical health.
Relax, exercise and eat healthy. As much as you can, stick to your regular routine. Avoid making big decisions or major changes to your life plan. Avoid using alcohol, cigarettes or drugs to cope. They only cause more problems.
How can I get my wife divorced without maintenance?
You can file for divorce if it has been more than a year since you learned of her refusal to consummate marriage. The annulment of the marriage will not require you to pay maintenance.
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
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
Helpful?
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divorce rules for scheduled tribes
Scheduled Tribe Marriage Act
Customary divorce under Hindu law
Format for mutual consent divorce Scheduled Tribes in India
Adivasi divorce
Scheduled Tribe customary divorce validity
Judgment of Family Court on Scheduled Tribes
Second marriage rules for Scheduled Tribes
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.
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.
Helpful?
11+
11+
Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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