Chhattisgarh HC inquires about divorce rules in tribal society

The family court in Bilaspur had rejected the divorce petition of a tribal couple on the ground that marriage of tribals cannot be dissolved by Hindu Marriage Act provisions. When the petitioner moved the high court, the division bench asked the lawyers to find out about the provisions of divorce in tribal society and submit a report at the next hearing.

Bilaspur (Chhattisgarh):The Chhattisgarh High Court has inquired about the rules and provisions of divorce in the tribal society amid discussions that provisions of the Hindu Marriage Act are not applicable for dissolving a marriage between persons belonging to a tribal community.

The division bench of Justice Gautam Bhaduri and Justice Deepak Kumar Tiwari was hearing a divorce petition filed by woman from Chhattisgarh's Korba. Through her petition, the woman sought divorce under the Hindu Marriage Act, which was opposed by the husband on the ground that the Act is not applicable in their case since they belong to tribal community.

The lawyers of both the parties presented their arguments and while the hearing was being held, questions rose on the rules and provisions of divorce among tribals. The division bench then asked as to what are the rules for divorce in the tribal society. It has asked the lawyers to submit information about the divorce rules in tribal society at the next hearing of the case.

Earlier, the divorce case was filed in the family court but it was rejected on the ground that marriage between persons belonging to tribal community cannot be dissolved by invoking the provisions of the Hindu Marriage Act. Following which, the woman approached the high court seeking divorce.

During the hearing in the high court, questions were raised on whether the Hindu Marriage Act applies to the people of tribal community. When it was proven that the Hindu Marriage Act is not applicable, then the court asked as to what were the provisions for divorce among tribals. When the lawyers could not respond, they were asked to probe into the matter and submit a report on it.