Scheduled Tribe Members Can Voluntarily Submit to Hindu Marriage Act

Source: Chhattisgarh High Court 

Why in News?

A Division Bench of Justice Sanjay K. Agrawal and Justice Arvind Kumar Verma of the Chhattisgarh High Court, in Smt. Gudiya Nagesh & Anr. v. Nil (2026), held that a Scheduled Tribe (ST) member who voluntarily adopts Hindu customs, rites, and traditions and opts to be governed by the Hindu Marriage Act, 1955 (HMA) cannot be denied its protection solely because Section 2(2) of the HMA excludes its general application to ST communities.

What was the Background of Smt. Gudiya Nagesh & Anr. v. Nil (2026) Case? 

• The appellants were a married couple who solemnised their marriage in 2009 in accordance with Hindu rites and customs, including the performance of Saptapadi. 
• The wife belonged to the Scheduled Caste (SC) category, while the husband was from the Scheduled Tribe (ST) community. 
• Despite his ST status, the husband voluntarily chose to follow Hindu marriage rituals. 
• The couple began living separately from April 2014 and jointly sought divorce by mutual consent under Section 13-B of the HMA before the Family Court, Bastar. 
• The Family Court dismissed the application, holding that by virtue of Section 2(2) of the HMA, the Act is inapplicable to members of the ST community. 
• Both parties, aggrieved by the dismissal, preferred an appeal under Section 19(1) of the Family Courts Act before the High Court.

What were the Court's Observations? 

• The Court framed the core question as whether the Family Court was justified in holding that Section 13-B of the HMA would not apply to the parties solely on account of the husband's ST status under Section 2(2) of the Act. 
• The Court clarified that Section 2(2) of the HMA — which provides that nothing in the Act shall apply to ST members unless the Central Government directs otherwise by notification — is a measure of protection and not a measure of exclusion. 
• Relying on the Supreme Court's ruling in Labishwar Manjhi v. Pran Manjhi & Ors. (2000), the Court affirmed the well-recognised principle that ST members who are substantially Hinduised and follow Hindu customs cannot be relegated to customary courts, particularly when they themselves admit to observing Hindu rites, customs, and traditions. 
• Further drawing on the Andhra Pradesh High Court's decision in Chittapuli v. Union Government (2020) and the Delhi High Court's ruling in Satprakash Meena v. Alka Meena (2021), the Court held that parties who voluntarily perform Saptapadi and follow Hindu rites cannot be excluded from the HMA's purview. 
• The Court held that where an ST member voluntarily submits to the HMA's jurisdiction on the basis that they are Hinduised and follow Hindu customs, it would be open to such a member to object to proceedings under the Act — but they cannot be barred from invoking it at the threshold. 
• Accordingly, the appeal was allowed and the matter was remitted to the Family Court to decide the mutual divorce application under Section 13-B of the HMA on its own merits.

What is Section 2 of HMA? 

Section 2 — Application of the Hindu Marriage Act, 1955: 

Section 2(1) — Who the Act Applies To: 

The Act applies to three broad categories of persons: 

• Hindus by religion in any form or development, expressly including Virashaivas, Lingayats, and followers of the Brahmo, Prarthana, or Arya Samaj movements. 
• Buddhists, Jainas, and Sikhs by religion. 
• Any other person domiciled in the applicable territories who is not a Muslim, Christian, Parsi, or Jew — unless it is proved that such a person would not have been governed by Hindu law or custom even before the Act was passed. 

Explanation — Who Qualifies as Hindu, Buddhist, Jaina, or Sikh: 

• A child (legitimate or illegitimate) both of whose parents belong to any of these religions. 
• A child (legitimate or illegitimate) one of whose parents belongs to any of these religions, provided the child is raised as a member of that parent's community or family. 
• Any person who converts or reconverts to the Hindu, Buddhist, Jaina, or Sikh religion.

Section 2(2) — Exception for Scheduled Tribes: 

• Notwithstanding the broad applicability under Section 2(1), the Act does not automatically apply to members of any Scheduled Tribe as defined under Article 366(25) of the Constitution.  
• This exclusion holds unless the Central Government issues a specific notification in the Official Gazette directing otherwise.

Article 366(25) — Definition of "Scheduled Tribes" 

• "Scheduled Tribes" refers to such tribes, tribal communities, or parts/groups within them as are deemed to be Scheduled Tribes under Article 342 of the Constitution. 
• The definition is not self-contained — it derives its operative meaning entirely by reference to Article 342.