ORDER :

1. Motai Bandra @ Ganesh Bandra filed an application under section 9 of the Hindu Marriage Act, 1955 seeking restitution of his conjugal rights with Smt. Madhuri Bandra @ Madhuri Samad with whom his marriage was solemnized on 18th April 2011. According to him, his marriage was solemnized as per Hindu rites and customs at village-Bankasai, Poicha, P.S. Rajnagar, District-West Singhbhum.

2. The respondent in her written statement filed before the Family Court stated that both parties are Scheduled Tribe belonging to ‘HO’ caste and their marriage was solemnized as per ‘HO’ customary law and, as such, petition under section 9 of the Hindu Marriage Act, 1955 was not maintainable.

3. The aforesaid petition under section 9 of the Hindu Marriage Act, 1955 which was registered as Original Suit No. 528 of 2015 (in short “restitution suit”) has been dismissed by the judgment dated 25th July 2018, on the ground that in view of the Section 2(2) of the Hindu Marriage Act, 1955 which was elucidated by the Hon'ble Supreme Court in Dr. Surajmani Stella Kujur vs. Durga Charan Hansdah, (2001) 3 SCC 13, the restitution suit was not maintainable.

4. The Principal Judge, Family Court, East Singhbhum