DR. N.SURYA Vs. SMT. N.SUSHMA

JUDGEMENT

(1.) Heard Sri Parsa Anantha Nageswara Rao, learned counsel for the appellant and Sri A. Prabhakar Rao, learned counsel for the respondent.

(2.) Challenging the impugned order and decree dtd. 28/9/2012 in O.P.No.214 of 2010 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Warangal, appellant-husband preferred the present appeal. He has filed the aforesaid O.P under Sec. 12 (1) (ia) (ib) and (1A) of the Hindu Marriage Act against the respondent-wife seeking dissolution of marriage on the ground of cruelty as well as desertion.

(3.) During the pendency of the said O.P, respondent-wife had filed a memo stating that the parties belong to Tribal Community (Lambadies), but the petition has been filed by the petitioner under the Hindu Marriage Act. Therefore, the learned Family Court has no jurisdiction to try this case, as the parties are not governed by the Hindu Marriage Act. Therefore, according to respondent, the aforesaid O.P.No.214 of 2010 is not maintainable. She has also referred Sec. 2(2) of Hindu Marriage Act and also relying on decision of the Hon'ble Supreme Court reported in AIR 2001 SCC 938. Relying on the said principle and also considering the said memo, vide impugned order dtd. 28/9/2012, learned Family Court dismissed the said O.P. Challenging the said order, appellant-husband preferred the present appeal.