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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, ARVIND KUMAR VERMA
Gudiya Nagesh, D/o Late Jagguram Nagesh – Appellant
Versus
NILL – Respondent
C.A.V. Judgment
Sanjay K. Agrawal, J.
1. Invoking the jurisdiction of this Court under Section 19(1) of the Family Courts Act, 1984, the appellants herein i.e. wife & husband have preferred this appeal questioning legality, validity and correctness of the impugned judgment & decree dated 12-8-2025 passed by the Judge, Family Court, Bastar at Jagdalpur in Civil Suit No.11A/2025, by which their application for dissolution of marriage filed under Section 13B of the Hindu Marriage Act, 1955 (for short, ‘the Act of 1955’) seeking divorce on the basis of mutual consent, has been rejected finding no merit.
2. The aforesaid challenge has been made on the following factual backdrop: -
(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the civil suit before the Family Court.)
2.1) Appellant No.1 herein/wife belongs to Scheduled Caste, whereas appellant No.2 herein/husband belongs to Scheduled Tribe. It is their case that their marriage was solemnized on 15-4-2009 and they were blessed with a son namely, Jaynil Mandavi on 28-12-2011 who is residing with wife i.e. appellant No.1 and thereafter, they started living separately with effect
Members of Scheduled Tribes who follow Hindu customs can invoke provisions of the Hindu Marriage Act for divorce, negating the exclusion principle under Section 2(2).
Members of Scheduled Tribe shall be governed by Hindu law in the matter of succession.
The Family Court erred in dismissing divorce application based solely on Scheduled Tribe status; potential for adjudication under the Hindu Marriage Act must be determined.
The Hindu Marriage Act applies to parties from Scheduled Tribes who follow Hindu customs, allowing them to seek divorce under its provisions.
Uniform Civil Code - Applicability of Act, 1955 - For determination of civil rights, customs may be proved and can form basis - Insofar as divorce proceedings are concerned, if proper tribal customs ....
The Hindu Marriage Act, 1955 does not apply to Scheduled Tribes absent a Central Government notification, rendering any solemnization under the Act void.
The court ruled that parties from Scheduled Tribes can seek dissolution of marriage under customary law despite the statutory bar in the Hindu Marriage Act, finding sufficient grounds for divorce bas....
(1) Hindu Marriage Act, 1955, does not apply to Scheduled Tribes.(2) Scheme of Hindu Marriage Act, 1955, is confined to marriages between two Hindus – Statutory conditions cannot be diluted by form o....
The applicability of the Hindu Marriage Act to Scheduled Tribes requires proof of being 'Hinduised', and jurisdictional issues must be resolved through a full trial.
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