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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
..... – Appellant
Versus
.... – Respondent
JUDGMENT :
Vakiti Ramakrishna Reddy, J.
Aggrieved by the order and decree dated 11.07.2014 passed by the Family Court – Cum - Additional District Judge, Nizamabad (hereinafter referred to as ‘the family court’) in O.P.No.158 of 2013, the appellant/petitioner has preferred the present Family Court Appeal No.195 of 2014, seeking to set-aside the said order and decree.
2. For the sake of convenience, the parties hereinafter shall be referred to as they were arrayed before the learned Family Court.
II. BRIEF FACTS OF THE CASE:
3. The petitioner filed a petition under Section 13 (1) (i) (a) of Hindu Marriage Act, 1955 (for short ‘HMA’), seeking dissolution of her marriage with the respondent. The averments of the petition in brief are as under:
a) The petitioner was a student pursuing Bachelor of Dental Surgery (BDS) at Meghana Institute of Dental Science, at Mallaram Village, Nizamabad District. In or about September, 2010, the respondent, who was residing in the same locality at Harijanwada, Utnoor Town, Adilabad District, started making repeated phone calls and sending messages to the petitioner through his Mobile Phone No. 73823 04608, expressing his desire to meet the petitioner, for whi
(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 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 applies to parties from Scheduled Tribes who follow Hindu customs, allowing them to seek divorce under its provisions.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
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 ....
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
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