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
Vaidehi Samant
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
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.
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You have a duty to pay maintenance to your wife. It is unlikely that a Court will grant you exemption in this regard.
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