Can tribal man seek divorce under Hindu law? Chhattisgarh High Court overturns order blocking couple’s mutual plea

6 Mar, 05:40 — 6 Mar, 07:54

Why this matters

This ruling addresses a significant legal question regarding the applicability of personal laws, specifically the Hindu Marriage Act, to tribal communities. It clarifies whether tribal customs and personal laws are entirely separate or if there can be an overlap, particularly in matters of marriage and divorce.

Key entitiesChhattisgarh High Court Family Court

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Times of India

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Times of IndiaMostly Factual180d ago

I am a tribal man, can I seek mutual divorce from my SC wife? Chhattisgarh high court says yes

The Chhattisgarh High Court overturned a Family Court's rejection of a mutual-consent divorce petition. The court ruled that Section 2(2) of the Hindu Marriage Act is protective, not exclusionary, allowing a Scheduled Tribe member who married under Hindu customs to seek divorce under the Act. The case was remitted for a decision on merits.

By PARTHA BEHERA

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indian-expressMostly Factual180d ago