Bar On Application Of Hindu Marriage Act To Scheduled Tribes Doesn't Apply If Couple Follows Hindu Customs: Rajasthan High Court

Rajasthan High Court has held that persons belonging to Scheduled Tribes following Hindu traditions and customs will be governed by Hindu Marriage Act and thus cannot be relegated to customary courts when the parties themselves admit that they are following Hindu rites.

In doing so the court granted divorce to a couple belonging to Meena Community under the Hindu Marriage Act after noting that the parties were admittedly observing Hindu rites, customs and traditions and their marriage was solemnized as per Hindu rituals. 

Section 2(2) of the Act provided for non-applicability of the Act to members of any Scheduled Tribe notified by the State.

The division bench of Justice Sudesh Bansal and Justice Ravi Chirania quashed a Family Court order which had denied an application filed by the parties seeking divorce based on mutual consent on the ground that it was not established that the marriage was dissolved as per customs and usages of “Meena Community”.

"We find that the proposition of law has been settled that the provision of exclusion contemplated under Section 2(2) of the Act of 1955, is meant to protect the customary practices of recognized tribes. However, if the parties are following Hindu traditions and customs and are substantially Hinduised, they cannot be relegated to customary courts, that too when they themselves admit that they are following Hindu rites, customs and traditions".

For context, the parties belonged to Meena Community, and decided to dissolve their marriage, for which a written document was executed between them. Based on this, a civil suit was filed by the wife-appellant seeking a decree of dissolution of marriage. This suit was dismissed by the family court against which the parties moved the high court.

The parties argued that even though they belonged to the Meena Community, for the purpose of solemnization as well as dissolution of their marriage, they had followed Hindu rites, customs and traditions. Since they were following Hindu religion, the bar envisaged under Section 2(2) of the Act, did not apply to them.

After hearing the contentions, the Court highlighted that the parties were following Hindu religion, living separately since 2021, and were consensual about dissolution of marriage.

Reference was made to the Supreme Court case of Labishwar Manjhi v. Pran Manjhi in which it was held that when the evidence disclosed that the parties belonged to a particular tribe but were following Hindu customs, provisions of the Hindu Succession Act, 1956, would apply to them.

The Court stated that based on the aforementioned judgement, Delhi High Court in the case of Satprakash Meena v. Alka Meena, was dealing with similar factual scenario as the present matter, and granted divorce to the parties. Referring to the precedents the court observed that,

“Section 2(2) of the Act of 1955 is meant to protect the customary practices of the recognized tribe and not to exclude the Scheduled Tribe from the applicability of the Hindu Marriage Act, once they follow the Hindu religion and traditions.”

In this background, the Court accepted the claim made by the appellant, and allowed the appeal while setting aside the order of the Family Court.

In the present case the court found that the parties had admitted that they are following Hindu rites, customs and traditions for the purpose of solemnization of marriage, and their marriage was solemnized following Saptapadi (taking seven steps in front of the sacred fire).

"It is not the case of either party that they ever followed any different custom, ritual or usage other than those applicable to Hindus. Meaning thereby, it is the admitted case of both parties that they are following Hindu rites, customs and traditions, more particularly so far as solemnization of marriage and dissolution thereof are concerned.
In view of the above, we find that the marriage between the parties can be permitted to be dissolved by mutual consent under the provisions of Section 13-B of the Hindu Marriage Act, 1955," the court said. 

Accordingly, the decree of divorce was granted.