AMRIT LAL CHAKMA Vs. BABITA CHAKMA

JUDGEMENT

(1.) Heard Mrs. Sujata Deb (Gupta), learned counsel for the appellanthusband and Mr. S. Rahman, learned counsel for the respondent-wife.

(2.) This appeal under Sec. 28 of the Hindu Marriage Act, 1955 read with Sec. 19(1) of the Family Courts Act, 1984 seeks setting aside of the order dtd. 15/2/2022 passed by the learned Judge, Family Court, Kailashahar, Unakoti, Tripura in case No.T.S.(Divorce) 81 of 2021 by which the application for divorce through mutual consent under Sec. 13B of the Hindu Marriage Act, 1955 filed by the parties has been rejected, inter alia, holding as under:

(3.) It is pointed out that the learned Family Court despite taking note of the fact that the parties are Buddhist by religion though they are tribal and their marriage was solemnized as per Sec. 8(1) of the Hindu Marriage Act, 1955 refused to entertain the petition for divorce only on the ground that they are members of the Scheduled Tribe community within the meaning of Clause 25 of Article 366 of the Constitution and as such, the petition under the Hindu Marriage Act, 1955 could not be entertained. Learned counsel for the parties have submitted a joint written note, inter alia, assailing the impugned judgment on a number of grounds.