Delhi High Court Affirms Applicability of Hindu Marriage Act to Lambada Community Marriage

The court ruled that Lambada Scheduled Tribe members adopting Hindu customs for marriage solemnization fall under the Hindu Marriage Act, 1955.

In a significant judgment, the Delhi High Court upheld the applicability of the Hindu Marriage Act, 1955, to marriages solemnized by members of the Lambada (Banjara) Scheduled Tribe community when Hindu customs are voluntarily adopted. The ruling came in the case of Ajmera Ramulu v. B Chandrakala, wherein the court dismissed the appeal of Ajmera Ramulu, who challenged the applicability of the Act to his marriage with B Chandrakala, citing tribal customary laws.

Ajmera Ramulu, an Assistant Executive Engineer in Andhra Pradesh, contended that his marriage to IAS officer B Chandrakala was performed according to the Lambada community's customs, thus falling outside the purview of the Hindu Marriage Act. The absence of the 'Saptapadi' ceremony was highlighted as a key argument to assert that the marriage was solemnized under tribal rites, despite some elements resembling Hindu practices.

Conversely, B Chandrakala argued that the marriage followed Hindu rites and rituals, including the wearing of traditional Hindu bridal attire, the tying of a 'Mangalsutra,' and the performance of 'Saptapadi' before a sacred fire, asserting that the Lambada community has assimilated Hindu customs over time.

The court observed that the exclusion of Scheduled Tribes from the Hindu Marriage Act under Section 2(2) is intended to protect customary practices. However, if tribal members voluntarily follow Hindu customs for marriage, the Act applies. The judgment emphasized the plurality of customs recognized under Section 7 of the Act, which does not mandate 'Saptapadi' for all Hindu marriages, thus accepting the validity of diverse matrimonial customs.

Furthermore, the court noted admissions made by Ajmera Ramulu during cross-examination, acknowledging Hindu customs performed at the marriage. The non-production of photographs and videos further led the court to draw adverse inferences against Ramulu.

The ruling aligns with previous judgments, including Labishwar Manjhi v. Pran Manjhi, where the Supreme Court held that Hinduised tribal members fall within the ambit of Hindu personal laws. The court reinforced the view that codified laws like the Hindu Marriage Act offer better protections than unregulated customary courts, especially when tribal communities have integrated Hindu practices.

This decision underscores the evolving nature of tribal customs in India, acknowledging their gradual integration into mainstream Hindu traditions, thereby extending the applicability of Hindu personal laws to such communities.

Bottom Line:

Hindu Marriage Act, 1955 - Scheduled Tribe Community - Applicability of Hindu Marriage Act, 1955 to Scheduled Tribe communities if they are Hinduised and voluntarily adopt Hindu customs and traditions for marriage solemnization.

Statutory provision(s): Hindu Marriage Act, 1955 Section 2(2), Section 7; Evidence Act, 1872 Section 58

Ajmera Ramulu v. B Chandrakala, (Delhi)(DB) : Law Finder Doc Id # 2804330