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Analysis and Conclusion

Overall, the legal framework for divorce by Scheduled Tribes hinges on jurisdictional competence and the applicability of the Hindu Marriage Act. While the Act generally applies, its enforcement depends on specific notifications by the Central Government. Customary laws play a significant role, with courts often recognizing traditional practices as valid grounds for divorce. However, the absence of explicit notifications or legal provisions can lead to challenges in asserting divorce rights under Hindu law for Scheduled Tribe members.

Search Results for "Suit for Divorce by Scheduled Tribes"

Pramita Kemprai VS Subhankar Hojai

2020 0 Supreme(Gau) 418 India - Gauhati

AJAI LAMBA, MANISH CHOUDHURY

, both belonging to Scheduled Tribes and residents within its territorial jurisdiction, to the exclusion of any other Court in the ... proceeding between the parties, both belonging to Scheduled Tribes and residents within its territorial jurisdiction, to the exclusion ... Divorce - Jurisdiction - Assam Administration of Justice in the North Cachar Hills District Act, 2009, Sixth Schedule to the Constitution ... In the case in hand, both the parties belong to Scheduled#HL_END....

Kismait VS Sundar Say

2020 0 Supreme(Chh) 459 India - Chhattisgarh

SHARAD KUMAR GUPTA

Entitlement to a divorce. ... of India - Article 342 of Constitution of India - The Constitution (Scheduled Tribes) Order, 1950 - A.I.R. 2001, Dr. ... Applicability of the Hindu Marriage Act, 1955 to Scheduled Tribes. 2. Allegations of cruelty in the marriage. 3. ... It is not disputed before us that in the Constitution (Scheduled Tribes) Order, 1950 as amended by Scheduled Castes and Scheduled Tribes Order (Amendm....

Rupa Debbarma, @ Rupali Debbarma VS Tapash Debbarma

2020 0 Supreme(Tri) 130 India - Tripura

S. TALAPATRA, S. G. CHATTOPADHYAY

as no Central Government notification exists to apply the Hindu Marriage Act to scheduled tribes. ... The suit was deemed not maintainable under Section 2(2) of the Hindu Marriage Act due to the parties' scheduled tribe status with ... ... ... Issues: The court addressed maintainability of the divorce suit, grounds for cruelty, and whether desertion was proved. ... the Constitution (Scheduled Tribes) Order, 1950." ... It is not di....

Anom Apang VS Geeta Singh

2011 0 Supreme(Gau) 545 India - Gauhati

MADAN B.LOKUR, A.K.GOSWAMI

Tribes in terms of Constitution Scheduled Tribes Order - Petition dismissed ... was recognized as Scheduled Tribe by virtue of Constitution Scheduled Tribes Order Trial Judge ceased to have any jurisdiction in ... Constitution of India, 1950 - Article 366 - Hindu Marriage Act, 1955 - Section 12 and 13 - Husband treated her with cruelty - Offence of Divorce ... the Constitution (Scheduled Tribes) Order, 1950. ... a....

Narayana Naik S/o Batya Naik VS Leelavathi N.  D/o Govinda Naika

2019 0 Supreme(Kar) 486 India - Karnataka

K.S.MUDAGAL

- Appellant and the respondent belongs to Marathi Community which comes under a Scheduled Tribes. ... Tribes. ... 1) - seeking withdrawal of the petition on the ground - permanent injunction from he contracting second marriage - customary divorce ... The Trial Court further held that there is no bar to the persons belonging to Scheduled Tribes to contract second marriage and therefore plaintiff cannot maintain the suit. Ultimately Trial Court dismissed the #HL_STAR....

Secretary, Rajasthan Public Service Commission, Ajmer VS Sangeeta Varhat, D/o.  Rooplal Ji Varhat

2022 0 Supreme(Raj) 771 India - Rajasthan

SANDEEP MEHTA, KULDEEP MATHUR

an applicant from a Scheduled Tribe/Tribal Sub Plan Area, who had obtained customary divorce, is entitled to apply as a 'Divorcee ... Issues: Whether an applicant from a Scheduled Tribe/Tribal Sub Plan Area, who had obtained customary divorce ... Fact of the Case: The case involved applicants from Scheduled Tribe/Tribal Sub Plan Area seeking appointment ... The appointment in the divorcee category has been claime....

Chittapuli @ Duvvi Jhansi Bai vs Union Government

India - Andhra Pradesh

R. Raghunandan Rao, J

... ... Issues: The Court addressed whether members of Scheduled Tribes can access divorce remedies under Hindu law. ... (A) Hindu Marriage Act, 1955 - Section 2(2) - Application of the Act to members of Scheduled Tribes - Petitioner belongs to Scheduled ... Durga Charan Hansdah (AIR 2001 SC 939) - Supreme Court ruling regarding jurisdiction under the Act for Scheduled Tribes - Clarification ... Sub- section 2 only excludes members of any ....

Sushma,Sunita Devi VS Vivek Rai

2014 0 Supreme(HP) 1266 India - Himachal Pradesh

TARLOK SINGH CHAUHAN

Hindu Marriage Act, 1955, claiming that the Act was not applicable to the parties as they were members of a scheduled tribe. ... Fact of the Case: The appellant challenged a divorce decree passed in favor of the petitioner under Section 13 of the ... the meaning of Clause 25 of Article 366 of the Constitution of India, and therefore, the decree of divorce was declared a nullity ... ) Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Order (Amendmen....

Sushma alias Sunita Devi VS Vivek Rai

2014 0 Supreme(HP) 1344 India - Himachal Pradesh

TARLOK SINGH CHAUHAN

) Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 63 of 1956, 108 of 1956, 18 of 1987 ... tribe within the meaning of Clause 25 of Article 366 of the Constitution of India, and therefore, the decree of divorce was a nullity ... Fact of the Case: The appellant challenged the order of divorce passed in favor of the petitioner and against the respondent ... ) Order, 1950 as amended by the Scheduled Castes and Schedul....

BUTAKIBAI VS SUKHBATI

2014 0 Supreme(Chh) 168 India - Chhattisgarh

SANJAY K.AGRAWAL

Halba scheduled tribes and they are governed by their own custom in matter of succession, which is similar to Mitakshara School ... Halba Scheduled Tribes in absence of notification by Central Government applying provision of Act of 1956 to them - Thus, First Appellate ... tribes of Bastar and as such, provisions of the Hindu Law, are not applicable to them and as per their custom, applicable daughters ... However, as noticed above, customs are prevalent and are being followed among the tribes....

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