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LAXMI NARAYANA ALISHETTY
Kadavath Srikanth, S/o. Kadavath Tukaram – Appellant
Versus
Kadavath Ashwitha @ Jadav Preethilekha – Respondent
ORDER :
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order dated 22.08.2023 passed by the Senior Civil Judge at Kamareddy, in CFR No.630 of 2023, whereby the petition filed by the petitioner under Section 13(B) of the Hindu Marriage Act, 1956 (for short, ‘the Act’), for decree of Divorce by Mutual Consent by dissolving the marriage dated 23.05.2019 of the petitioner and respondent, was returned for want of jurisdiction.
2. The brief facts leading to the filing of the present Civil Revision Petition are that the petitioner and the respondent are husband and wife and they belong to Lambada Caste (Scheduled Tribe Community). Their marriage was solemnized on 23.05.2019, as per the rights and customs prevailed in Hindu Community. The respondent lived with the petitioner for a period of one year and thereafter, disputes arose between them, therefore, the respondent left the society of the petitioner on 21.06.2020. The elders and well wishers of the petitioner and the respondent tried to reconcile the issues between the parties so that they can lead a happy conjugal life, but, in vain. Thus, both the petitioner and the respondent decided
The Hindu Marriage Act applies to parties from Scheduled Tribes who follow Hindu customs, allowing them to seek divorce under its provisions.
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.
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 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.
The Hindu Marriage Act, 1955 does not apply to Scheduled Tribes absent a Central Government notification, rendering any solemnization under the Act void.
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