SUSHMA Vs. VIVEK RAI

JUDGEMENT

(1.) The appellant has challenged the order passed by learned District Judge, Kullu, dated 21.12.2013 in H.M.P. No. 15 of 2011 whereby a decree of divorce was passed in favour of the petitioner and against the respondent under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

(2.) Shri Neeraj Gupta, learned counsel for the appellant has raised preliminary submission that the parties are the members of Scheduled Tribe and in terms of Section 2(2) of the Act, the provisions of Hindu Marriage Act are not applicable to the parties having been specifically excluded and, therefore, the learned Court below had no jurisdiction to entertain much less decide the lis.

(3.) This Court vide its order dated 22.8.2014 directed the parties to file affidavits as to whether they belong to scheduled tribe or Whether the reporters of the local papers may be allowed to see the Judgment? Yes not, within the meaning of Clause 25 of Article 366 of the Constitution of India. Pursuant to such directions, both the parties have filed the affidavits and it is abundantly clear from the perusal thereof that both the parties are members of Scheduled Tribes within the meaning of Clause 25 of Article 366 of the Constitution of India as notified by the Constitution (Schedule Tribe) Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 63 of 1956, 108 of 1956, 18 of 1987 and 15 of 1990.