Lawstreet Journal

Suit for Dissolution Of Marriage Between Couple Belonging to Notified Scheduled Tribe Is Not Maintainable Under Hindu Marriage Act: Tripura HC

Lawstreet Journal 18 Sep 2020 12:04am

Image courtesy: Lawstreet Journal Judiciary Suit for Dissolution Of Marriage Between Couple Belonging to Notified Scheduled Tribe Is Not Maintainable Under Hindu Marriage Act: Tripura HC

A Bench of S. Talapatra and S.G. Chattopadhyay held that Section 2(2) of the Hindu Marriage Act has the unpleasant effect of the statutory exclusion that the person belonging to any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution will in the matter of marriage, continue to be governed by their customary laws, which are akin to the personal law and not any provision of the Hindu Marriage Act.

The present appeal arose from the decision delivered in Tapash Debbarama v. Rupa Debbarama, dated 23-05-2018, Suit No. 12 of 2016.

In view of the said decision, the decree of divorce on the ground of cruelty and desertion had been issued.

According to the case, the wife launched criminal action against the husband under Section 494 and 498A of the Penal Code, 1860, and the respondent was arrested on the basis of an allegation of bigamy for marrying a Nepali Girl while his marriage with the appellant was subsisting.

Further from the said decision, it has been noted that the parties lived separately for 2 years as their relation turned animus and hostile. In view of the above-said decision, Additional District Judge granted a decree of divorce to the respondent on the ground of desertion.

Respondent was serving under Indian Armed Forces and was posted at Punjab. The wife during that time started creating a tantrum on insignificant issues. The wife used to abuse her mother-in-law by obnoxious slang. At one point in time wife had refused to accompany the… Continue Reading...


Tagged: Tripura High Court  
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