The Subordinate District Council Court had exclusive jurisdiction to try the divorce proceeding between parties belonging to Scheduled Tribes within its territorial jurisdiction, as per the provisions of the 2009 Act and the Sixth Schedule to the Constitution of India.

JUDGMENT

Manish Choudhury, J. - Heard Mr. B.N. Sharma, learned counsel for the review petitioner and Mr. B. Baruah, learned counsel for the respondent.

2. The petitioner has sought review of that part of the judgment and order dated 17.07.2019 passed in Mat. Appeal No. 33/2016 by which this Court had directed the parties to appear before the Judge Subordinate, North Cachar Hills Autonomous District Council Court, Haflong on 23.09.2019 either by themselves or through their authorised counsel for further orders.

3. The background facts, in brief, which led to the filing of the appeal, Mat. Appeal No. 33/2016 can be exposited as follows : the appellant who is the review petitioner here, and the respondent had got married on 26.04.2016 at a temple and thereafter, a deed of marriage had been executed before the Notary Public, Diphu on 28.04.2016. Shortly thereafter, the respondent had instituted a proceeding, T.S. Case No. 80/2016 in the Court of learned Judge Subordinate, North Cachar Hills Autonomous Council Court, Haflong for declaration of his marriage with the appellant-review petitioner as null and void on the ground that they fall within the prohibited degree of relationship for marriage. By the impugned order dated 25.10.2016, the learned Judge Subordinate, North Cachar Hills Autonomous Council Court, Haflong had dissolved the marriage between the parties with the grant of an alimony of Rs. 70,000/- to the appellant-review petitioner. Aggrieved by the said impugned order dated 25.10.2016, the appellant-review petitioner had preferred the appeal, Mat. Appeal No. 33/2016. This Court upon consideration of the matter had, inter-alia, found that no reasonable opportunity was granted to the appellant-review petitioner to put forward her case in an effective manner. It had been found that the learned Judge Subordinate, North Cachar Hills Autonomous Council Court had, on the basis of the suggestion of the Mauzadars and her superior, granted divorce, thereby, surrendering and abdicating the judicial power vested on the said Court. Accordingly, the impugned order dated 25.10.2016 had been set aside granting liberty to the appellant-review petitioner to file her written statement, if so advised, with the further direction to the parties to appear before the learned Judge Subordinate, North Cachar Hills Autonomous Council Court, Haflong on 23.09.2019.

4. The only ground urged in this review petition on behalf of the review petitioner is that there is no jurisdiction vested in the Court of Judge Subordinate, North Cachar Hills Autonomous Council Court, Haflong to try the matter of divorce in view of separation of judiciary in the North Cachar Hills District, now renamed as Dima Hasao District. In support of his such submission, Mr. Sharma has referred to the communications dated 05.07.2007 (Annexure-II) and dated 05.04.2011 (Annexure-III) and to the notifications dated 21.09.2012 (Annexure-IV) and dated 14.07.2017 (Annexure-V) respectively.

5. On the other hand, Mr. Baruah, learned counsel appearing for the respondent has submitted that no interference is called for as the Judge Subordinate, North Cachar Hills Autonomous Council Court, Haflong is vested with the jurisdiction to try the matter of divorce between the two parties involved herein as both are tribals belonging to the Dima Hasao District. In support of his submission, he has referred to the Sixth Schedule to the Constitution of India ("the Sixth Schedule", for short), more particularly, to Paragraph 4 and Paragraph 5 thereof, and to the provisions of the North Cachar Hills Autonomous Districts (Administration of Justice) Rules, 1955.

6. We have given due consideration to the submissions made by the learned counsel for the parties and also considered the materials referred to by them.

7. The State Government, by the notification dated 21.09.2012 (Annexure-IV), has established a number of courts, indicated therein, including that of the Court of District & Sessions Judge in the