Madan B. Lokur, CJ.

1. The appellant is aggrieved by a judgment and decree dated 6.4.2006 passed by the learned District Judge, Dhemaji in T.S. (D) No. 2 of 2005.

2. The appellant husband belongs to the Adi Tribe in Arunachal Pradesh while the respondent wife is a Hindu. They were married in 1991 in Pasighat (Arunachal Pradesh). The parties have three children born from the wedlock.

3. The respondent wife alleged that the appellant husband treated her with cruelty and therefore she filed a petition for a divorce under Section 12 read with 13(1)(ia) of the Hindu Marriage Act, 1955 (for short the Act).

4. The appellant husband contested the proceedings and stated that the parties were married according to the Adi customary law. It was also contended that the appellant husband belongs to a Scheduled Tribe and the provisions of the Act were not applicable to him.

5. On these broad pleadings, the learned District Judge framed the following issues;--

(1). Whether the suit is maintainable?

(2). Whether there is a cause of action for the suit?

(3). Whether the marriage was solemnized in accordance with Hindu Religious Rites or in accordance with Tribal Customary Practice?

(4). Whether the p