NIHOTO SEMA Vs. KANILI KINI LIMI

JUDGEMENT

(1.) This revision petition raises a question of law of general interest and considerable importance. The question is whether the Indian Divorce Act, 1869 (Act 4 of 1869) (hereinafter referred to as the Act) is operative in the State of Nagaland.

(2.) The respondent- Smt. Kanili Kini Limi and her husband-the petitioner Nihoto Sema are Christians. They are Naga tribals. They are residents of the State of Nagaland. The respondent-wife filed a suit seeking divorce under Sec. 10 of the Act before the Additional Deputy Com- missioner (Judicial), Dimapur, Nagaland on the main ground, amongst others, adultery coupled with cruelty by her husband. The husband opposed the petition challenging the jurisdiction of the court to try a divorce suit on the ground that the Act was inoperative in the State of Nagaland. The question had been raised both in the High Court and the Supreme Court, but the Supreme Court without expressing any opinion on the question of jurisdiction as the question arose out of an order passed in an interlocutory application, directed the Deputy Commissioner to dispose of the suit finally within four weeks from the date of receipt of the order. The Additional Deputy Commissioner heard the learned counsel for the parties on the question of jurisdiction and held that the Act was applicable to the State of Nagaland. Aggrieved against the said decision of the Additional Deputy Commissioner, this revision has been filed under Rule 34 of the Rules for the Administration of Justice and Police in Naga Hills District.

(3.) The question is whether the Indian Divorce Act, 1869 is applicable to the State of Nagaland.