familycourt@rayagada - Acts and Rules

Acts and Rules

The procedure adopted in the Family Court involves various Acts and rules; some of them are:-

1.The Family Courts Act 1984

2. The Family Court Manual

3. The Guardians and Wards Act, 1890

4. The Hindu Marriage Act, 1955

5. The Special marriage Act, 1954

6. The Indian Divorce Act, 1869

7.THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939

8. Chapter IX of the Criminal Procedure Code, 1973

9. Maintenance under Hindu adoption and maintenance act 1956

10. Guardianship of the person or custody of any minor under Hindu Minority & Guardianship Act, 1956

11. Foreign Marriage Act, 1969

12. The Child Marriage restraint Act, 1929

13. Dowry Prohibition Act,1961 for an order for injunction in circumstances arising out of marital relationship

14.THE HINDU MARRIAGES (VALIDATION OF PROCEEDINGS) ACT, 1960

15. THE PARSI MARRIAGE AND DIVORCE ACT, 1936

16. THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

17. THE ANAND MARRIAGE ACT, 1909

18. THE ARYA MARRIAGE VALIDATION ACT, 1937

19. Suits of proceedings relating to part-B states marriages Validation Act 1952

20. Limitation Act, 1963

21. Family Courts (Orissa) Rules, 1990

22. G.R.& C.O. civil-vol-1

23. G.R.& C.O Civil-vol-II

24. G.R & C.O. Civ-vol-III

25. G.R & C.O. Criminal-vol-I & II

26. Court fees Act, 1870

27. THE PERSONAL LAWS (AMENDMENT) ACT, 2019. NO. 6 OF 2019 to show that leprosy is no More a ground for divorce

28. Conduct rules....Conduct Rules 1959

29. THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937

other Rules frequently searched for:

Compilation of circulars on ORV Act........Circulars
ORV Act.......ORV act and Rules
Odisha Civil Services (Rehabilitation Assistance) Rules, 2026

At last it gave up on the Odia new Years Day 2019

THEORISSACIVILSERVICESCLASSIFICATIONCONTROLANDAPPEALRULES1962

THEORISSACIVILSERVICESCLASSIFICATIONCONTROLANDAPPEALRULES1962.pdf

COMPENDIUM OF IMPORTANT LETTERS & CIRCULARS OF HON'BLE HIGH COURT OF ORISSA, CUTTACK

COMPENDIUM OF IMPORTANT LETTERS OF OHC.pdf

Judicial_Order_Sheet_Tips_with_Samples.pptx

APPLICABILITY OF HINDU MARRIAGE ACT TO TRIBAL COMMUNITY ...Also read

The Hindu Marriage Act contains a specific provision laying down that this Act is not applicable to members of any Scheduled Tribe. However, power has been given to the Central Government to issue a notification in the official gazette for making the provisions of this Act applicable also to the members of Scheduled Tribes. In the absence of any such notification issued by the Central Government, by virtue of above Section 2(2), the provisions of the Hindu Marriage Act shall not be applicable to members of Scheduled Tribes (ST). I am not aware of any such notification having been issued by the Central Government. Therefore, it appears that the divorce petition of tribal people cannot be filed under the Hindu Marriage Act.

As an example of this, please read the judgment of Himachal Pradesh high court in the case of Ms. Sushma alias Sunita Devi vs. Shri Vivek Rai, [FAO (HMA) No. 229 of 2014, decided on 16 October 2014] [read the judgment].

Also see, the case of Sobha Hymavathi Devi v. Setti Gangadhara Swamy, (2005) 2 SCC 244 : AIR 2005 SC 800, in which the Supreme Court indirectly accepted the proposition that divorce was permissible as per the custom prevailing in the community in the facts of that case wherein both parties to the marriage were members of the same scheduled tribe.

In the case of Surajmani Stella Kujur (Dr) v. Durga Charan Hansdah, (2001) 3 SCC 13, a similar observation is seen pointing out that the provisions of the Hindu Marriage Act are not applicable to members of scheduled tribes, in the absence of a notification, and that a valid custom may govern the field.

Pension_Rule-1992.pdf

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