(1.) Heard Mr. B.Bhattacharjee, learned counsel for the petitioner as well as Mr. S.Jindal, learned counsel for the respondent.
(2.) Brief facts of the case in a nutshell is that:
(3.) Learned counsel for the petitioner submits that petitioner and respondent both belong to the Khasi Hills Scheduled Tribe, thus, any dispute between two tribals should be tried and determined by the District Council Courts as specifically provided at para 4 and 5 of the Sixth Schedule under the Constitution of India. Learned counsel further contended that respondent choose the District Court as a forum to determine the issues and address her grievances. The same was challenged by the petitioner on the ground that the District Court, Shillong has no jurisdiction as both the parties are tribals. However, the District Court came to the conclusion that since the AG Office is one of the respondent in the maintenance case and the office of the AG is non-tribal, so the matter can be tried and disposed by the District Court. Learned counsel further submits that the view taken by the learned Magistrate, District Court, Shillong is totally wrong and contrary to the provision of law and so it needs to be set aside and necessary order maybe passed to transfer the case to the District Council Court.