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A. SANTHOSH REDDY
B. Swapna – Appellant
Versus
B. Gnaneswar – Respondent
| Table of Content |
|---|
| 1. context and background of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments of petitioner and respondent (Para 6 , 7) |
| 3. legal issue for consideration (Para 8 , 9) |
| 4. application of section 2(2) of the act (Para 10 , 11) |
| 5. trial court's jurisdictional error (Para 12 , 13) |
| 6. conclusion and outcome of the case (Para 14 , 15) |
ORDER :
1. This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order, dated 15.03.2017, in I.A. No. 27 of 2016 in F.C.O.P. No. 249 of 2015 on the file of XV Additional District Judge, Ranga Reddy District at Miyapur.
2. The question in this petition is as to the applicability of the HINDU MARRIAGE ACT , 1955 (hereinafter referred as “the Act”) in respect of the parties, who belong to the ‘Yerukala’ community.
3. The marriage of the petitioner-Dr. B. Swapna and the respondent-Dr. B. Gnaneshwar was held on 03.11.2011 at YSR Gardens, Near Housing Board Colony, Hyderabad Chowrastha, Bhongir, Nalgonda District as per Hindu rites and customs. Both the parties are doctors by profession and they belong to ‘Yerukala’ community. The respondent filed petition seeking divorce under Section 13-1(ia) of the Act in F.C.O
The Hindu Marriage Act applies to parties from Scheduled Tribes who follow Hindu customs, allowing them to seek divorce under its provisions.
The judgment emphasizes the significance of pleading and proving custom or usage in cases involving the applicability of the Hindu Marriage Act, especially in relation to marriages involving members ....
Members of Scheduled Tribe shall be governed by Hindu law in the matter of succession.
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).
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.
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.
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 ....
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