RAJENDRA KUMAR SINGH MUNDA Vs. MAMTA DEVI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 26/8/2008, passed by the Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 246 of 2007, whereby an application preferred by this appellant for divorce under Sec. 13 of the Hindu Marriage Act, 1955 has been dismissed and therefore, original applicant has preferred this appeal.

(2.) Having heard counsel for both sides and looking to the facts and circumstances of the case, it appears that this appellant is a member of a tribal community, viz. Munda and, therefore, looking to Sec. 2(2) of the Hindu Marriage Act, 1955, this act is not applicable to the appellant as the appellant is a member of a Scheduled Tribe within the meaning of Article 366(25) of the Constitution of India. For the ready reference Sec. 2(2) of the Hindu Marriage Act, 1955 is quoted as under:

(3.) For ready reference, Sub-Clause 25 of the Article 366 is quoted hereunder: