My marriage took place in 2012. My wife stayed with me for a few weeks in Delhi before returning home and never came back. I filed for legal separation, but she then filed for divorce. I’m from Rajasthan and belong to a Scheduled Tribe. Can you clarify if the Hindu Marriage Act applies to us, considering the divorce was granted without her presence?

Apni Law
Apni Law
Law Forum › Category: Divorce › My marriage took place in 2012. My wife stayed with me for a few weeks in Delhi before returning home and never came back. I filed for legal separation, but she then filed for divorce. I’m from Rajasthan and belong to a Scheduled Tribe. Can you clarify if the Hindu Marriage Act applies to us, considering the divorce was granted without her presence?
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Apni Law Staff asked 2 years ago

My marriage took place in 2012. My wife stayed with me for a few weeks in Delhi before returning home and never came back. I filed for legal separation, but she then filed for divorce. I’m from Rajasthan and belong to a Scheduled Tribe. Can you clarify if the Hindu Marriage Act applies to us, considering the divorce was granted without her presence?

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Best Answer

Apni Law Staff answered 2 years ago

Yes, the Hindu Marriage Act applies to your case as you are from Rajasthan and belong to a Scheduled Tribe. The divorce granted in your absence is valid under the Act, as the court can proceed with the case even if one party is absent.

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