Schedule tribe govt employee wants permission for second marrige
3 years ago
Hi sir, I am a tribal government servant, who professed "GOND" (tribal religion) religion. I want to seek divorce from my estranged wife from the court but being a tribal, the HMA is not applicable on us.under article 366(25)schedule tribes (in addition to above my wife is not ready for the mutual divorce. Under these circumstances, can I solemnize second marriage. Because there is prohibition undern state civil service rule No. 23 for govt. Servant. should no t done second marrige without divorce .sir, being tribal, the IPC 494/109 is not applicable on me and personal law permits second marriage. I have various high court and supreme court judgment in which court accepted and permitted for bigamy for schedule tribe members that So here are my questions:
1. Kindly advise me full procedure of seeking permission for second marriage from the court
2. Can i give the ground of second marriage as "the courts are not competent to grant divorce for tribal couples?
3. Can i make this another ground inter-alia for seeking permission for second marriage?
4. My wife has deserted me 3 years ago. Can i make this another ground inter-alia for seeking permission for second marriage?
Yes, you can marry the second time if your customary allows as IPC doesn't apply apply to tribes. Your divorce wll be governed by your tribal laws only. If desertion is a ground of divorce, you can claim it.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
No, Section 2 (2) states that “Nothing contained in this shall apply to the members of any Scheduled Tribe within the meaning of Clause 25 of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
Punishment for such offences will be considered by looking into “Custom” of such religion.
The Supreme Court has affirmed a Delhi High Court judgment that “in the absence of specific pleadings, evidence, and proof of the alleged ‘custom’ making the second marriage void, no offence under Section 494 of the IPC can possibly be made out against the respondent.
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