JUDGMENT :

1. Whether the order dated 30.07.2012 passed by the Principal Senior Civil Judge and A.C.J.M., Puttur, D.K. in R.A.No.23/2007 setting aside the order dated 04.01.2007 in O.S.No.20/2006 passed by the Principal Civil Judge (Jr.Dn.), Puttur, D.K. and remanding the matter to the Trial Court is sustainable in law is the question involved in this case.

2. The appellant and the respondent belongs to Marathi Community which comes under a Scheduled Tribes. Their marriage was performed on 07.05.2001 at Bhuvanendra Kala Mandira, Puttur as per their customs. After some time some trouble arose in the marriage. Therefore, appellant filed M.C.No.25/2003 on the file of the Principal Civil Judge (Senior Division) Puttur seeking dissolution of the marriage under Section 13(1) (ib) of Hindu Marriage Act, 1955.

3. Respondent contested the said petition on several grounds, one amongst them were that Section 2 (2) of the Hindu Marriage Act bars application of the said Act to the persons belonging to Scheduled Tribes. Thereafter the appellant filed memo before the Senior Civil Judge, Puttur in M.C.No.25/2003 seeking withdrawal of the petition on the ground that he has already divorced the respond