DR B SWAPNA Vs. DR B GNANESWAR

JUDGEMENT

(1.) This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order, dtd. 15/3/2017, in I.A.No.27 of 2016 in F.C.O.P.No.249 of 2015 on the file of XV Additional District Judge, Ranga Reddy District at Miyapur.

(2.) The question in this petition is as to the applicability of the Hindu Marriage Act, 1955 (hereinafter referred as "the Act") in respect of the parties, who belong to the 'Yerukala' community.

(3.) The marriage of the petitioner-Dr.B.Swapna and the respondentDr.B.Gnaneshwar was held on 3/11/2011 at YSR Gardens, Near Housing Board Colony, Hyderabad Chowrastha, Bhongir, Nalgonda District as per Hindu rites and customs. Both the parties are doctors by profession and they belong to 'Yerukala' community. The respondent filed petition seeking divorce under Sec. 13-1 (ia) of the Act in F.C.O.P.No.249 of 2015. While so, the petitioner filed application in I.A.No.27 of 2016 under Order VII Rule 11 (d) read with Sec. 151 of the Code of Civil Procedure, 1908 (for short "C.P.C.") stating that they belong to 'Yerukala' community and as per Sec. 2(2) of the Act "notwithstanding anything contained in sub-sec. (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution, unless the Central Government, by notification in the Official Gazette, otherwise directs" and therefore, the petition filed seeking divorce by the respondent is barred under Order VII Rule 11 (d) of C.P.C. The respondent resisted the application by way of filing counter affidavit.