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Arvind Singh Chauhan (advocate)     08 February 2014

Legal way for seperation/divorce between st husband and wife

Sir,

     As Sec 2 of Hindu Marriage Act provides that Hindu marriage Act does not apply to ST's.

 

What is the legal way of separation.

 

whether declaratory suit is the remedy if yes plz can any body provide the format of application/plaint ?



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     08 February 2014

Arvind you are confused you have wrong information with you , you are ruled by hindu marriage act , if you have valid ground to get seperate then file divorce case under HMA .

Laxmi Kant Joshi (Advocate )     08 February 2014

Arvind you are confused you have wrong information with you , you are ruled by hindu marriage act , if you have valid ground to get seperate then file divorce case under HMA .

T. Kalaiselvan, Advocate (Advocate)     09 February 2014

The Schedule Tribe as defined under clause 25 of article 366 of the constitution are not covered under the provisions of HMA. They can file divorce case under Special Marriage Act.

Advocate Bhartesh goyal (advocate)     09 February 2014

HMA will not apply in your case,you have to file petition for divorce u/s 27 of Special Marriage Act as suggested by shri T.kalaisevan.


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