JUDGMENT :

Heard learned counsel for the parties and learned Amicus Curiae.

2. Learned Principal Judge, Family Court, Ranchi by the impugned judgment dated 16.3.2018, has dismissed Original Suit No. 583 of 2017, on the ground of maintainability.

3. The suit was instituted under Section 7(1)(a) of the Family Courts Act, 1984 read with Para-5.2 of the ‘Customary Laws of Munda and Oraons’ as delineated in the book “The Customary Laws of the Munda and the Oraon” by Dr. J. P. Gupta.

4. The parties belonged to Oraon Tribal Community and their marriage was performed on 27th April, 2015 at Ranchi as per the customs of the said community. On the ground of adultery, the appellant wanted divorce.

5. Learned Family Court referred to the book “The Customary Laws of the Munda and the Oraon” and held that there is no substantive codified law, applicable to the parties like the Hindu Marriage Act, 1955, Special Marriage Act, 1954 and Divorce Act, 1869. Section 2(2) of Hindu Marriage Act, 1955 makes the Act inapplicable to the members of any Schedule Tribe within the meaning of Article-366 of the Constitution of India, unless notified by the Central Government. Therefore, they were not governed by the H