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Mahesh   29 May 2017 at 18:04

Validity of customary divorce and applicability of hindu marriage act over st community

Sir, my friend belongs to schedule tribe. He got married in 2011. His marriage was without taking dowry. His wife started to create nuisance and problems in his family, like senseless fights with husband, relatives & in-laws. She has been living with her parents for last 3 years. In the mean while, she filed complaints against him, his parents n relatives in police station like under section 406. Later the police after investigation found that the alleged complaints were false and filed just to harass my friend and his relatives. My friend n his relatives did their best to reconciliation between him n his wife, but all in vain. Since my belongs to ST community and he can't go for divorce under Hindu Marriage Act, he went to his community elders as per custom prevailed in his community. After hearing from both sides n making numerous failed attempt for reconciliation, elders decided for divorce. They gave their decision in written to my friend. This happened few months back. He consulted few lawyers, he was informed that getting a decree of divorce from the court in his case is not necessary as he belongs to ST and divorce are done based on their customs only.

Now my queries are:
(1) whether my friend has to go for any kind of decree from the court even when hindu marriage act is not applicable to him?
(2) if yes, then how and what should be the approach for it?
(3) if No, then what should be done so that false cases against him like dowry etc can be avoided, as the probability of filing false case by his former wife always be there.
(4) whether can she file maintenance case against him even after customary divorce? (5) whether cases like dowry , domestic violence can be filed after divorce?

Sorry for the long list of queries. I have to ask these queries as my friend has been receiving threats from his former in-laws n wife of various cases & due to this he is mentally very disturbed & depressed. He already suffered alot since his marriage.

Please advise over the queries above at the earliest.
Thanks.

Harshita Patil   29 May 2017 at 13:57

Divorce guidelines

Hello, I got married in 2016, my husband stays in usa. After marriage I went with him. He have trust issues he placed recorded in the house and hack my mobile he recorded my calls with my family n friend. After few months he sent me back to India. Now he is saying that he don't want to. Continue this Marriage and Blackmailing me n my family that I will show ur chats n recording to everyone. Without my knowledge he was doing this, and now putting all blame on me. He Is making him self safe. I want to continue my marriage plz help me what should I do.

Anonymous   28 May 2017 at 14:23

Women need to apply divorce

Hi Members,

Im a bold , confident , independent women who dreams to achieve big in life . I have been married for 1 year . The person who married is low in confidence , low in self esteem but highly diplomatic to prove others that he is good . I got to know this when we started to talk before marriage , we had 6months time before marriage . I said to my parents they convinced me stating that he is our relative , good one and all those useless words and more over my mum was sick at that time , which cornered me , which left no other options other than to marry him . Lot of things he created trying to bring me down . He gives a mental pressure and at times he even locks door and leaves to office so that I can't go to office. He some times even says that I will give divorce and some times he won't . To be frank i don't even feel manly with him , trust and love is the core in a relationship which I don't get on him . I feel im wasting my time in this relationship. i dont like to stay with him and I know there no one with 100% compatibility but unable to imagine a future with with this type of personality .There is no compatibility in our relationship .Now we both are working and staying separately for almost 4 months. I stay in my parents home . My mum and sister supports me but my dad doesn't . I truly accept that from his stand point it's hard to accept .


But I dont want to continue this relationship. But he wants to create problems for me. Neither pretends to all that he wants to stay with me and he is ready to go for mutual divorce. It is a mistake from my end , I must have stopped it before my marriage itself .

But now in that case what should I do and how long my divorce case might take ?


ad   28 May 2017 at 13:18

how to dispose 498a after compromise

sir, i asked to my lawyer but he did not clarify difference between quash of fir and quash of criminal proceedings and withdraw of 498a with the permission of high Court. a) compromise has filed in court 498a, 406 but court excepted in 406 and rejected in 498a. b) MCD has already been filed. only want to know how end the 498a matter, my wife is ready to help for dispose 498a. pl. suggest what will be the best option for me as i am an govt employee. 1) go for quash of fir in 498a. 2) go for quash of criminal proceedings. or 3) ask for permission to make it compoundable from high Court. pl. suggest. i m not a lawyer or student of law but a sufferer from this system since long. thats why asking for this.
Regards,
Ravindra
ravin200013@gmail.com

Rajendra Kothari   27 May 2017 at 00:30

Notarized divorce is legally

My friend take Notarized divorce dose it legally or they have to go through court and have to file and take dikri from court?

Rajendra Kothari   27 May 2017 at 00:27

Notarized divorce is legally

My friend take Notarized divorce dose it legally or they have to go through court and have to file and take dikri from court?

Rajendra Kothari   27 May 2017 at 00:24

Notarized divorce is legally

My friend take Notarized divorce dose it legally or they have to go through court and have to file and take dikri from court?

Rvvvvvvvvvvvvvvv   26 May 2017 at 04:46

Audio recordings

Will audio recording be accepted in Divorce , Maintanance , 498a and DV.

Kindly advise. my wife has filled all these cases on me. I have audio recordings from her and her father that me and my family hever asked for dowry or harrassed her.

Rahul Singh   26 May 2017 at 02:57

Tendering of documents

Dear Ld. Experts please help me.

I have a divorce case on grounds of cruelty. Its now Ex-parte. I am confused with tendering of documents. Please tell me whether the following documents will be exhibited or marked.

1. Voter ID details- taken a print out from Election commission website. It states respondent’s name and address.
2. Print out of abusive SMSs sent by respondent over 1 year.
3. CD containing call conversation b/w Respondent and petitioner’s mother.
4. Transcript of the above call conversation in text.

I had moved an exemption application from depositing mobile phone which court allowed stating that mobile be shown during tendering.

Also should I mention all the abusive messages in evidence by way of affidavit ? There are 15 pages of very abusive SMSs. I have mentioned them in the petition.

Thanks in advance