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Dhiraj Kumar (CEO)     08 September 2017

How to file divorce between st man and general caste woman

Hi

A lady belongs to General Category (Caste Thakur) was resides at Moradabad UP.

Man belongs to ST (Tribe Tharu of Uttrakhand) was resides at Rampur.

Both got love marriage which was solemanised as per Hindu rituals at Moradabad by parents of lady. Now she has two childern from him. And man is curel moreover having affairs with other lady's. Hence Lady is seeking Divorce from him.

As the man also follow all customs and rituals of his tribes immedieate after his marriage while reaching at his home town at Kummao in Uttrakhand. 

He used to say she can't do anything for divorce as it is not maintainable in any court of law and not able to leave her as well not able to get any kind of maintenance in future.

Kindly confirm if is there any provision or any judgement where she can get justice.

Regards

Dhiraj Kumar



Learning

 4 Replies

Siddharth Srivastava (Advocate)     08 September 2017

She can claim maintenance and also divorce under Hindu marriage Act. No consent or permission is required for seeking maintenance and divorce. Sidharth 9811776422
1 Like

pankaj verma   08 September 2017

perfect advise...

Raveena Kataria (Advocate )     09 September 2017

Hi, please refer to section 2(2) of the Hindu Marriage Act: Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

Thus, unfortunately, unless a notification was issued by the Central Government, the provisions of HMA will not be applicable. Please refer to a judgement by clicking here to be more clear on the matter.

SHIRISH PAWAR, 7738990900 (Advocate)     10 September 2017

For having affiar with another lady you can file compliant for bigamy and you have right to claim maintenance under other provisions of law.


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