SATPRAKASH MEENA Vs. ALKA MEENA

JUDGEMENT

(1.) The question in this petition is as to the applicability of The Hindu Marriage Act, 1955 (hereinafter referred as the "HMA, 1955"), in respect of the parties who belong to the Meena community in view of the exclusion under Section 2(2) of the HMA, 1955.

(2.) The Petitioner - Mr. Satprakash Meena and the Respondent- Ms. Alka Meena got married on 24th June, 2012. According to the Petitioner, the marriage was solemnized in Jaipur, Rajasthan, as per Hindu rites and customs. Both the parties belong to the Meena community and the same is an admitted position. The Petitioner is an engineer who is working in Delhi and the Respondent is stated to be a house maker. The parties have a minor child namely Master Lakshya, who was born on 12th April, 2013 in Delhi.

(3.) A petition seeking divorce under Section 13-1(ia) of the HMA, 1955was filed by the Petitioner on 2 nd December, 2015, before the Principal Judge (West), Family Court, Tis Hazari, Delhi. The Respondent did not appear in the said petition. There is a dispute as to whether the Respondent was served or not. The Respondent, however, preferred a transfer petition being Alka Meena v. Satprakash Meena [Transfer Petition Civil No. 1671/2016] before the Supreme Court. In the said transfer petition, according to the Petitioner, the Respondent took a categorical stand that the marriage was solemnized as per the Hindu rites and customs. Vide order dated 6th April, 2017, the transfer petition was disposed of, however, the Respondent was permitted to avail of the facility to participate in the proceedings through video conferencing.