STs following Hindu customs can't be excluded from Hindu marriage law: High court

RAIPUR: Members of the scheduled tribe (ST) community who follow Hindu customs and traditions cannot be excluded from the provisions of Hindu Marriage Act, 1955, Chhattisgarh HC has ruled.

A division bench comprising Justice Sanjay K Agrawal and Justice Arvind Kumar Verma passed this ruling recently while setting aside a family court order that had rejected a mutual divorce petition involving a tribal husband and his wife who belonged to the Scheduled Caste.

The couple had approached a family court in Jagdalpur in Bastar, seeking dissolution of their marriage under Section 13B of the Hindu Marriage Act. The couple, married since Apr 15, 2009, had been living separately since Apr 2014.

The Jagdalpur family court rejected their application on Aug 12 last year, citing Section 2(2) of the Act, which states the Act does not apply to ST unless the Centre directs otherwise by notification.

HC said both parties had explicitly stated that their marriage was solemnised according to Hindu rites, including the ceremony of "saptapadi" and said they testified they followed Hindu traditions rather than tribal customs.

"When members of a tribe voluntarily choose to follow Hindu customs, traditions, and rites, they cannot be kept out of the purview of the provisions of the Act of 1955," the high court observed. HC said Section 2(2) is a "measure of protection" for tribal customary laws and not a "measure of exclusion" for those who have become "Hinduised."

The bench relied on SC rulings, noting if evidence shows tribals following Hindu traditions, they should be governed by Hindu law in matters of succession and marriage.

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