schedule tribe can make case under hindu marrage act
ashwinisavishnainwar
(Querist) 25 March 2010
This query is : Resolved
there are two spouses .it is impossible to them livetogethere.they want divorce problem is that they are shedule tribethere is no any family court there is senior division&j.m.f.c.The j.m.f.c has power to try that case.what is problem accord when we make the case in sinor division.
Arvind Singh Chauhan
(Expert) 25 March 2010
According to Sec-2 of Hindu marriage Act, Schedule tribes are excluded from H M Act. They can file declaratory suit in civil court.
Parveen Kr. Aggarwal
(Expert) 26 March 2010
J.M.F.C. (Judicial Magistrate of the First Class) being a court meant for trial of criminal cases only, cannot try petition for divorce because the same is purely a civil dispute.
adv. rajeev ( rajoo )
(Expert) 26 March 2010
JMFC courts have got power to conduct the civil and criminal cases, but jurisdiction to try divorce petition lies with Civil Courts
Parveen Kr. Aggarwal
(Expert) 26 March 2010
Mr. Rajeev S. Vadrali,
The expression "Judicial Magistrate" is found only in the Code of Criminal Procedure and not in the Code of Civil Procedure. Under the Code of Civil Procedure, only a civil court can try a suit of civil nature.
Unless an officer appointed as Judicial Magistrate is conferred powers under the Code of Civil Procedure to try civil suit, he cannot try civil suit and even then while trying such suit he will be called as 'Civil Judge' and not a 'Judicial Magistrate'.
Adv.Shine Thomas
(Expert) 27 March 2010
The divorce petition has to be filed before the Dist.Court where the place they last resided together.
