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Jharkhand high court: Family Courts Constituted Under Secular Law; Cannot Turn Away Parties Seeking Divorce Under Customary Laws
A petition was filed in Jharkhand high court seeking divorce on the premise of the customs and usage applicable to the parties, which may be exercised solely by the Community panchayat and not by a Court of Law, the petition isn't maintainable. Throughout the pendency of this appeal considering the importance of the problems, affecting the rights of the persons, belonging to the social group Community, Mr. Kumar Vaibhav alongside Shubhashis Rasik Soren, learned Advocate was appointed as advisor to help the Court. The tribal research Institute, Government of Jharkhand, Ranchi, Director, Judicial Academy, Jharkhand, and the Vice-Chancellor, National University of Study and research in Law (NUSRL) were requested to provide necessary help within the matter to this Court. Amicus curiae have submitted a report once interaction with the tribal research Institute (TRI) and elderly persons of Oraon Community, convened by the TRI. Some valuable inputs have also been provided by the National University of Studies and research in law. The Judicial Academy, Jharkhand also submitted a report, prepared by the research scholars containing the statutory framework of the Family Courts’ Act, 1984 and decisions rendered by totally different courts on the matter regarding the marital status dispute between the members of Schedule Tribe. Learned counsel for the parties has also rendered assistance to the Court. The family court will consider the matter afresh without being influenced by the observations created by this Court herein above expeditiously. in order to expedite the proceedings the parties themselves or through their counsel should appear before the learned family court, Ranchi on the 5th of may 2021 If the proceedings are held in virtual mode, the parties and/or their counsels would be a part of the proceedings online. a duplicate of this order be sent to the Judicial Academy, Jharkhand,
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