Mutual divorce-petitioners are schedule tribes

Kanthi Vijay Kumar (Querist) 28 January 2021 This query is : Resolved
Need appropriate provision to file mutual divorce petition for dissolution of marriage.
U/Sec 13-B Filed and same was returned.
Hence, Please suggest appropriate provisions.

Follow Query

Report Abuse

Quick Summary

Scheduled Tribe members cannot file for mutual divorce under the Hindu Marriage Act as it doesn't apply to them. While there's no specific legal procedure for divorce in such cases, options include seeking separation through tribal customs, filing a civil suit for annulment, or registering the marriage under the Special Marriage Act before seeking divorce. The Supreme Court has also noted that the six-month cooling-off period isn't always mandatory for mutual consent divorces.

Guest (Expert) 29 January 2021
Discuss with an Local Advocate in Complying the Formalities and Procedures in Filing the Petitions. Supreme Court had observed even Cooling Period of 6 month is Not Mandatory in some cases of Mutual Consent l Divorce. You seek the possibility of filing a suit for annulment of marriage in Civil Court

K Rajasekharan (Expert) 29 January 2021
A Scheduled Tribe member cannot file a divorce petition under Hindu Marriage Act as the law is not applicable to them as per Section 2(2) of the law itself. Please read it with Articles 366 (25) and 342 of the Constitution.

Since there is no legally prescribed or set procedure is in existence for a divorce for an S T member, the possibility to have separation as per customs and tradition or by a civil suit for annulment of marriage can be explored. Another course possible is to first register the marriage as per Section 15 of the Special Marriage Act and then take a divorce.

This problem has been pointed out in some judgements earlier but no corrective measure in the law is made.

One thing is definite that Section 13B is not a mechanism to get a divorce for an ST member.

Message likes : 1 times

Dr J C Vashista (Expert) 30 January 2021
What is the religion (Hindu, Muslim, Christian or any other) professed by the couple which governs their matrimonial issue(s) ?

Rajendra K Goyal (Expert) 01 February 2021
What were exact reasons of return?

What was the opinion of your lawyer?.

Kanthi Vijay Kumar (Querist) 01 February 2021
Schedule Tribes in Hindu Religion

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries