Sri Amrit Lal Chakma Vrs. Smt. ... vs For The
2023 Latest Caselaw 420 Tri

                     HIGH COURT OF TRIPURA
                           AGARTALA
                            MAT APP 11 OF 2022
             Sri Amrit Lal Chakma Vrs. Smt. Babita Chakma
Present:
    For the appellant (s)     : Mrs. S. Deb(Gupta), Advocate.
                                Ms. D. Das, Advocate.

    For the respondent (s)    : Mr. S. Rahaman, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR.JUSTICE ARINDAM LODH 18.05.2023 Order Both the parties are present pursuant to the previous order dated 24th April, 2023. Both the parties are really keen to separate but the learned Family Court has rejected the suit on the grounds that the Hindu Marriage Act,1955 does not apply to their case since they are Buddhist and also Scheduled Tribes who have not been notified by the Central Government in terms of Section 2(2) of the Hindu Marriage Act.

However, learned counsel for the parties seek time to go through the decision rendered by the Jharkhand High Court in the case of Baga Tirkey Vrs. Pinki Linda & Anr. in First Appeal No.124 of 2018, judgment dated 8th April, 2021. In the said case, the application for divorce under Section 7(1)(a) of the Family Courts Act,1984 read with certain provisions of 'the Customary Laws of Mundas and Oraons', preferred by the plaintiff, Baga Tirkey was rejected as according to the learned Family Court the parties were not governed by any codified law. However, after detailed consideration of various legal issues, the Constitutional framework and the secular nature of the Family Courts Act which applies to all religions and confers "all the jurisdiction" hitherto exercised by any District Court or any Subordinate Civil Court in suits or proceedings relating to matters mentioned in Clause (a) to (g) of Explanation under

Section 7 thereof, the impugned judgment rendered by the learned Family Court was set aside and the matter was remanded to the learned Family Court for adjudication in accordance with law by framing proper issues, as borne out from the pleadings of the parties with permission to the parties to amend the pleadings, if they so desire and also to lead evidence to prove the existence of a provision of customary divorce in their community.

Learned counsel for the parties, therefore, seek time to go through this decision and revert.

The matter is adjourned to 1st June, 2023.

(ARINDAM LODH),J                          (APARESH KUMAR SINGH),CJ




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