The Chhattisgarh High Court has ruled that a tribal person who voluntarily follows Hindu customs and rituals cannot be denied the remedies available under the Hindu Marriage Act, 1955. The Division Bench held that if a tribal spouse chooses to solemnize and live the marriage according to Hindu traditions, the provisions of the Act can apply.
The court set aside a Family Court order that had refused to entertain a mutual divorce plea on the ground that one of the spouses belonged to a Scheduled Tribe.
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Background of the Case
The case was filed by Smt. Gudiya Nagesh and Muniraj Mandavi, a couple married on 15 April 2009. According to their plea, the marriage was conducted as per Hindu customs and rituals, including the traditional saptapadi ceremony.
The wife belongs to a Scheduled Caste while the husband belongs to a Scheduled Tribe. The couple has a son born in December 2011 and has been living separately since April 2014.
Later, both spouses approached the Family Court in Bastar seeking divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.
However, the Family Court dismissed their application. It held that under Section 2(2) of the Hindu Marriage Act, the law does not apply to members of Scheduled Tribes unless the Central Government specifically notifies its applicability.
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Arguments Before the High Court
Counsel for the appellants argued that both spouses had clearly stated that they follow Hindu customs and traditions. Their marriage had been solemnized in accordance with Hindu rituals, including saptapadi.
The counsel submitted that once the parties voluntarily adopt Hindu customs and identify themselves as following Hindu traditions, the Family Court should not deny them access to remedies under the Hindu Marriage Act.
The amicus curiae also supported this view, pointing out that courts have previously held that tribal persons who adopt Hindu practices cannot automatically be excluded from the application of Hindu personal laws.
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Court’s Observations
The Division Bench examined the scope of Section 2(2) of the Hindu Marriage Act, which excludes Scheduled Tribes from the Act unless the Central Government issues a notification.
However, the court noted that the provision is meant to protect tribal customs, not to prevent individuals from choosing to follow codified personal laws.
The bench relied on earlier judicial precedents, including a Supreme Court decision, which held that when members of a Scheduled Tribe follow Hindu traditions and rituals, they may be treated as “Hinduised” for the purpose of applying Hindu personal laws.
The court observed:
“When members of a tribe voluntarily choose to follow Hindu customs, traditions and rites, they cannot be kept out of the purview of the provisions of the Hindu Marriage Act.” Smt. Gudiya Nagesh
It further noted that the marriage between the parties had been performed according to Hindu rites, including the ceremony of saptapadi, and both spouses had confirmed this before the court.
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Court’s Decision
After considering the facts and legal principles, the High Court concluded that the Family Court had wrongly rejected the couple’s divorce petition at the threshold.
The bench held that since the parties had solemnized their marriage under Hindu customs and were following Hindu traditions, their application under Section 13B of the Hindu Marriage Act was maintainable.
Accordingly, the court allowed the appeal and set aside the Family Court’s judgment dated 12 August 2025.
The matter has been remitted to the Family Court in Bastar to decide the mutual divorce application on its merits, expeditiously and in accordance with law.
Case Title: Smt. Gudiya Nagesh & Anr. v. State (Appeal against Family Court Order)
Case No.: FA(MAT) No. 344 of 2025
Decision Date: 3 March 2026
