Divorce ground for schedule tribe member(HMA not for tribals)
3 years ago
Hello sir,,
Hi sir, I am a tribal belongs from"Gond" sub cast kandra(tribal religion). I want to seek divorce from my wife(false 498a,dv,125 filled against me and my family) from the court but being a tribal, the HMA point 2(2) is not applicable on us.under article 366(25)schedule tribes (in addition to above my wife is not ready for the mutual divorce in court). But our tribal panchayat direct us if court order or reject divorce petition (due to HMA point 2(2) is not applicable on us.under article 366(25)schedule tribes) show us order sheet/copy of court , then tribal panchayat will give relief me(divorce) under customary law.
"court order or order sheet is necessary to show tribal panchayat,, because after that they will hear divorce matter under customary law."
Under these circumstances,
Q.1 how can I take order from court to divorce through tribal panchayat(because HMA is not applicable on tribals)
Q.2 how to court Deny my divorce petition (because HMA not applicable on tribals) and write or mention on order sheet that HMA not applicable on them therefore petition denyed or rejected.
You are advised to seek the family court. They will look into the matter and curb the dodging of matter between civil court and tribal panchayat.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can approach the family court and state your issue there. Even if HMA doesn't apply to you, you can get divorced through your tribal laws. You can for the appointment of court officers for your case infront of the tribal panchayat.
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