Parties seeking divorce under their customary laws cannot be turned away by Family Courts

A bench consisting of Justice Aparesh Kumar Singh and Anubha Rawat Choudhary observed that Family Courts Act, 1984 is secular law.

An appeal is filed before the high court, Family Court of Ranchi has dismissed a suit filed for seeking divorce on the ground of adultery. The family court dismissed the plea on the ground that the couple belongs to the Oraon community and there is no substantiative codified law applicable to the parties under their customary laws. The petition is not maintainable as section2(2) of the Hindu Marriage Act,1955 makes the Act inapplicable within the meaning of Article 366 to any scheduled tribe.

Thus, the family court asks the parties to seek divorce through community panchayat only. To this, The High Court of Jharkhand observed that in section 7 of the family courts act it is mentioned,” all the jurisdiction” which means all the matters in this provision comes exclusively in the domain of Family Courts.

The Family Court Act applies to all the religion and the court cannot dismiss plea of people seeking divorce through the court.

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