Deepak Gupta, J.

The short question which arises in this appeal is whether the petition filed by the appellant-husband for grant of divorce on the ground of cruelty under the Special Marriage Act, 1954, was maintainable or not.

2. The undisputed facts are that the appellant-husband and the respondent-wife are tribals belonging to the Scheduled Tribes. It is also not disputed that they got married in the month of May, 1999 as per customary law applicable to them. It is also not disputed that at the time when the marriage was solemnized, the husband was a Hindu and the wife was a Christian. It is also not disputed that this marriage was not solemnized as per the provisions of the Hindu Marriage Act nor was this marriage registered under the Special Marriage Act. The marriage was solemnized as per tribal customs.

3. The husband filed a petition for grant of divorce under Section 27 of the Special Marriage Act, claiming that his wife had subjected him to cruelty and the main ground was that the wife had made various false allegations of adultery against the husband.

4. The learned Family Court after going through the evidence, has come to the conclusion that the husband has faile