Introduction:

In a significant ruling, the Telangana High Court addressed the issue of jurisdiction under the Hindu Marriage Act (HMA) for recognized Tribes who follow Hindu traditions and customs. The case, involving Kadavath Srikanth and Kadavath Ashwitha, under CRP 3413 of 2023, saw Justice Laxmi Narayana Alishetty clarifying the applicability of section 2(2) of the HMA to Tribes adhering to Hindu practices.

Arguments of Both Sides:

The parties jointly filed a petition under section 13(B) of the HMA seeking dissolution of their marriage. However, the Trial Court returned the petition for want of jurisdiction, citing section 2(2) of the Act, which exempts Schedule Tribes from its purview. The petitioner, represented by Counsel T. Srujan Kumar Reddy, contested this decision, arguing that despite being recognized Tribes, they follow Hindu traditions and customs, making them substantially Hinduised and thus eligible for relief under the HMA.

Court’s Judgment:

Justice Alishetty, relying on precedent cases, emphasized that section 2(2) of the HMA aims to protect customary practices of recognized Tribes. However, if the parties adhere to Hindu traditions and consider themselves Hinduised, they cannot be relegated to customary Courts. In this case, the parties admitted to following Hindu rites and customs, with evidence such as wedding cards and photographs supporting their claim. Therefore, the Trial Court’s decision to return the petition was set aside, and it was directed to number the petition and proceed with the dissolution process under the HMA.