BINODINI MAJHI Vs. RAM DAS MAJHI

JUDGEMENT

(1.) The wife has filed this Civil Revision against the order of the Trial Court rejecting her application for interim maintenance. She had filed O.S. No. 137/97 claiming maintenance at the rate of Rs. 4,000/- per month along with arrear maintenance. It was alleged by the petitioner in the plaint that the parties are members of tribal community and the marriage between the petitioner and the opposite party was solemnised as per Hindu rites and customs on 17-7-1991 During pendency of the suit, an application purporting to be one under Section 24 of the Hindu Marriage Act was filed claiming maintenance pendente lite. The opposite party in written statement challenged the maintainability of the suit on the ground that the parties being members of Scheduled Tribe, the suit under Section 18 of the Hindu Adoptions and Maintenance Act was not maintainable. The opposite party also challenged the maintainability of the application under Section 24 of the HINDU MARRIAGE ACT, 1955 on the very same ground and resisted the prayer for interim maintenance.

(2.) The Trial Court rejected the application only on the ground that the parties being members of Scheduled Tribe were not governed by HINDU MARRIAGE ACT, 1955 and as such, provision of Section 24 of the Hindu Marriage Act had no application. It further observed that the wife-petitioner can approach the proper Court for getting maintenance under Section 125. Code of Criminal Procedure. The aforesaid order is being challenged in the present Civil Revision.

(3.) The parties are admittedly members of Scheduled Tribe belonging to Santal community Therefore, there cannot be any doubt that the provisions contained in the Hindu Adoptions and Maintenance Act or provisions contained in the HINDU MARRIAGE ACT, 1955 are inapplicable in the absence of any Notification as contemplated in Section 2 of the Act. The learned Counsel for the petitioner also conceded that though initially the suit had been styled as one under Section 18 of the Hindu Adoptions and Maintenance Act, subsequently the plaint has been amended and the suit is simply a suit for maintenance.