Hindu adoption & maintenance act, 1956 not applicable for schedule tribe Hindu adoption & maintenance act, 1956 not applicable for schedule tribe

3 years ago

Hindu adoption and maintenance act ,1956
Section 2(2) provides an exception to the general rale. The codified Hindu Law lays down that its provision would not apply to the members of Scheduled tribes coming within the meaning of Clause 25 of Article 366 un less central govt publish any gazzate against this rule..

Q.1 sir my wife registered 498a(16.11.2019) and now she filled sec 125 for maintenance but i am belongs from schedule tribe(under hindu adoption and maintenance act 1956,, schedule tribes not applicable for this) we have not any child and i am a govt employee. Before 1.5 year I filled section HMA section 9 RCR and we both compromise in court order also done before 1 year,,but she not came with me to live with me.. how can I save maintenance plzz help sir/mam

Adv. Sarika Khude

Responded 3 years ago

A.You have a duty to pay maintenance to your wife.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 3 years ago

A.You can file application for Contempt of Court Order by your wife and in case your wife is capable of working or already working you can apply for reduction of maintenance.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You have a duty to pay maintenance to your wife, especially if there is a cruelty case against you.
If the Section 498A IPC complaint it false, it can be quashed by the High Court under Section 482 CrPC.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
You have a duty to pay maintenance to your wife. It is unlikely that a Court will grant you exemption in this regard.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSpouse having affair in her office
Dear Sir, Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.
question iconSister troubled marriage, Hate, abuses and constant threats
Dear Sir, Your sister requires family counseling and you may arrange for the same and give her all required moral support to solve her personal problem.
question iconEx Parte - Set aside petition time limit
Dear sir By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
question iconDivorce - After tero certificate is there any procedure left to do
Dear Sir You have to consult local lawyer having knowledge about local laws which are some what different from laws prevailing in other parts of country.
question iconRegarding divorce
Dear Client, A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to fo...