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Kumar   18 August 2016

valuable insights required on sec 2(2) of Hindu marriage act

Hi iam Kumar, here is my scenario. We are married for the last 12 yrs. We have an 8yr old son. My wife has filed for divorce under sec 13, cruelty, under the Hindu marriage act 1955. The question is. 1. My wife is a Hindu and iam a ST. So if only iam an ST here, will this case be considered in court or dismissed as per sec 2(2) of the Hindu marriage act 1955? 2. If dismissed what are our options to dissolve this marriage and under what act? Thank you.


 5 Replies

Mukesh sharma (job )     19 August 2016

Hi kuamr your case not dimissal or reject on this ground thats your wife hinduu and you belong to st thats not matter  now if you marry to some one who hindu or other cast than you treat same as you came under this rule 

thanks 

Kumar   19 August 2016

Iam sorry but I quite didn't understand youmukesh

Kumar   19 August 2016

Iam sorry but I quite didn't understand youmukesh

Kumar   19 August 2016

In her petition, its mentioned that, as both parties don't belong to the ST, sec 2(2) does not apply.

prabhakar advocate (advocate)     19 August 2016

ST is a caste and not religion.  If your wife is a Hindu and you are ST, but Hindu, then the marriage is valid and it can be dissolved through Hindu Marriage Act.  But if you are ST, and converted to any other religion, i.e., chrisitanity, then the marriage is invalid.


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