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2021 Supreme(Online)(AP) 584

R. Raghunandan Rao, J
Chittapuli @ Duvvi Jhansi Bai – Appellant
Versus
Union Government – Respondent


Advocates:
For the Appellants/Petitioners: Mr. N.H.Akbar
For the Respondents: Asst. Solicitor General of India, GP for Social Welfare

Table of Content
1. tribal members' ability to seek divorce. (Para 1 , 2 , 3)
2. definition and application of the hindu marriage act. (Para 4 , 5 , 6)
3. jurisdictional logic around tribal custom permissions. (Para 7 , 8 , 9 , 10 , 11)
4. procedural rights to invoke the act. (Para 12 , 13 , 14)
5. final ruling on petition. (Para 15)

ORDER:

The petitioner belongs to a Schedule Tribe called Bagatha, which is a tribe notified under Article 342 of the Constitution of India. She had married the 4th respondent, who is not a member of a Schedule Tribe and is a Hindu, on 15.05.2010, according to Hindu customs and rites. This marriage was also registered before the Registrar for Marriages, Visakhapatnam, on 02.02.2012 under the Hindu Marriage Act , 1955 (for short, “the Act”). Later, disputes arose between the petitioner and her husband. When the petitioner sought to file a petition for dissolution of the marriage under the Act of 1955, she was advised that Section 2(2) of the Act precluded her from invoking the jurisdiction of the Family Court under the said Act. She was also informed that the Hon’ble Supreme Court in the case of Surajmani Stella Kujur vs. Durga Charan Hansdah, AIR 2001 SC 939 h

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