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APARESH KUMAR SINGH, ARINDAM LODH
Amrit Lal Chakma – Appellant
Versus
Babita Chakma – Respondent
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JUDGMENT (ORAL)
1. Heard Mrs. Sujata Deb (Gupta), learned counsel for the appellanthusband and Mr. S. Rahman, learned counsel for the respondent-wife.
2. This appeal under Section 2 8 of the HINDU MARRIAGE ACT , 1955 read with Section 19(1) of the FAMILY COURTS ACT , 1984 seeks setting aside of the order dated 15.02.2022 passed by the learned Judge, Family Court, Kailashahar, Unakoti, Tripura in case No.T.S.(Divorce) 81 of 2021 by which the application for divorce through mutual consent under Section 13B of the HINDU MARRIAGE ACT , 1955 filed by the parties has been rejected, inter alia, holding as under:
"Both the petitioners namely, Sri Amrit Lal Chakma and Smt. Babita Chakma are present before the Court.
The instant petition has been filed u/s-13-B of the HINDU MARRIAGE ACT , 1955 jointly by Sri Amrit Lal Chakma, the husband-petitioner No.1 and Smt. Babita Chakma, wife-petitioner No.2 respectively, for dissolution of their marriage by way of decree of divorce on mutual consent.
The petitioners have submitted that they are Buddhist by religion and though they are tribal, their marriage was solemnized as per Section-8(1) of The HINDU MARRIAGE ACT , 1955 and therefore, the petition ma
The Family Court erred in dismissing divorce application based solely on Scheduled Tribe status; potential for adjudication under the Hindu Marriage Act must be determined.
Members of Scheduled Tribes who follow Hindu customs can invoke provisions of the Hindu Marriage Act for divorce, negating the exclusion principle under Section 2(2).
Members of Scheduled Tribe shall be governed by Hindu law in the matter of succession.
The Hindu Marriage Act, 1955 does not apply to Scheduled Tribes absent a Central Government notification, rendering any solemnization under the Act void.
(1) Hindu Marriage Act, 1955, does not apply to Scheduled Tribes.(2) Scheme of Hindu Marriage Act, 1955, is confined to marriages between two Hindus – Statutory conditions cannot be diluted by form o....
The Hindu Marriage Act applies to parties from Scheduled Tribes who follow Hindu customs, allowing them to seek divorce under its provisions.
Uniform Civil Code - Applicability of Act, 1955 - For determination of civil rights, customs may be proved and can form basis - Insofar as divorce proceedings are concerned, if proper tribal customs ....
The applicability of the Hindu Marriage Act to Scheduled Tribes requires proof of being 'Hinduised', and jurisdictional issues must be resolved through a full trial.
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