Atul Sharma (Student) 10 August 2008

Restitution of Conjigal Rights

Is the members of Schedules Tribes can get the decree of "Restitution of Conjugal Rights" by the 'Civil Court'? If not in what provisions of law to get the such decree?

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6 Replies

Srinivas.B.S.S.T ( Advocate) 10 August 2008

Schedule tribes also covered under the
meaning of a HINDU. As such they can avail proviso of HM
Act. See the definition of a HIndu as per HM Act.

Atul Sharma (Student) 10 August 2008

Mr. Srinivas,

The Hindu Marriage Act, 1955 shall not be applicble on the member of "ST" under Sec. 2(2) of this Act. I want to know under which law they can take remedy for restitution of conjugal right?

Ajay kumar singh (Advocate) 10 August 2008

Please look into the preamble and sec.22 of the Special Marriage Act.

Srinivas.B.S.S.T ( Advocate) 11 August 2008

Dear Atul and other members of this
forum I am very very sorry for my unverified reply. Yes dear Atul I am
totally wrong and my reply is mis representation of section 2 (2) of HM
Act . Thanks for correcting me and sorry once again.