Court Sets Aside Family Court's Decision in Landmark Ruling on Applicability of Hindu Marriage Act to Scheduled Tribe
In a significant judgment delivered on January 19, 2026, the Telangana High Court has declared a marriage registered under the Hindu Marriage Act, 1955, as void, due to the statutory exclusion of Scheduled Tribes from the Act's applicability. The case involved Jadhav Raja Rajeshwari, a member of a Scheduled Tribe, and G Parveen Kumar, a Scheduled Caste Mala, who had registered their marriage under the Hindu Marriage Act. The court ruled that the marriage was unenforceable in law as the Act expressly excludes Scheduled Tribes unless specifically extended by a Central Government notification.
The judgment came as a response to an appeal filed by Jadhav Raja Rajeshwari against the decision of the Family Court-cum-Additional District Judge, Nizamabad, which had dismissed her petition seeking dissolution of the marriage on grounds of coercion and threat. The High Court found that the Family Court committed a jurisdictional error by adjudicating the case under the Hindu Marriage Act without addressing the foundational issue of the Act's applicability to Scheduled Tribes.
Justice Vakiti Ramakrishna Reddy, delivering the judgment, emphasized that the applicability of personal law statutes is determined by legislative mandate, not by the volition or conduct of the parties involved. He noted that the marriage was registered under the Hindu Marriage Act, which does not apply to Scheduled Tribes, making the registration and solemnization void.
The court highlighted previous authoritative judgments, including the Supreme Court's ruling in Gullipilli Sowria Raj v. Bandaru Pavani, which reinforced that the Hindu Marriage Act only governs marriages between Hindus, and statutory conditions cannot be altered by ceremony or mutual consent.
The judgment underscored the necessity of pleading and proving the adoption of Hindu customs for Scheduled Tribe members to be governed by Hindu personal law, a burden which was not discharged in this case. Consequently, the court set aside the Family Court's order, declaring the marriage void and unenforceable under the Hindu Marriage Act.
This landmark ruling is expected to have significant implications for similar cases involving Scheduled Tribes across India, reinforcing the statutory exclusion under Section 2(2) of the Hindu Marriage Act, 1955.
Bottom Line:
The Hindu Marriage Act, 1955, does not apply to members of Scheduled Tribes unless a Central Government notification extends its applicability. A marriage registered under this Act is void if one party belongs to a Scheduled Tribe and the Act is inapplicable.
Statutory provision(s): Hindu Marriage Act, 1955 Section 2(2), Section 5, Section 13 (1) (i) (a)
Jadhav Raja Rajeshwari v. G Parveen Kumar, (Telangana)(DB) : Law Finder Doc id # 2848986
