ORDER :

The petitioner belongs to a Schedule Tribe called Bagatha, which is a tribe notified under Article 342 of the Constitution of India. She had married the 4th respondent, who is not a member of a Schedule Tribe and is a Hindu, on 15.05.2010, according to Hindu customs and rites. This marriage was also registered before the Registrar for Marriages, Visakhapatnam, on 02.02.2012 under the Hindu Marriage Act, 1955 (for short, “the Act”). Later, disputes arose between the petitioner and her husband. When the petitioner sought to file a petition for dissolution of the marriage under the Act of 1955, she was advised that Section 2(2) of the Act precluded her from invoking the jurisdiction of the Family Court under the said Act. She was also informed that the Hon’ble Supreme Court in the case of Surajmani Stella Kujur vs. Durga Charan Hansdah, AIR 2001 SC 939, had held that members of the schedule tribes notified under Article 342 of the Constitution would not be entitled to approach the Court under the Act of 1955. She was also furnished with a Judgment dated 27.09.2018 of the Family Court-cum-V Additional District Judge, Visakhapatnam, in O.P.No.1738 of 2015, wherein a petition file