Tripura High Court
Sri Amrit Lal Chakma vs Smt. Babita Chakma on 24 April, 2023
Author: Arindam Lodh
Bench: Arindam Lodh
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HIGH COURT OF TRIPURA
AGARTALA
MAT.APP. No.11/2022
Sri Amrit Lal Chakma
.........Appellant(s).
VERSUS
Smt. Babita Chakma
.........Respondent(s).
For Appellant(s) : None. For Respondent(s) : Mr. S. Rahman, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH Order 24/04/2023 T.S.(DIV) 81 of 2021 instituted by the petitioner/husband for divorce through mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 has been dismissed as not maintainable by the learned Judge, Family Court, Kailashahar, Unakoti, Tripura holding that since the parties are Buddhist and belong to Scheduled Tribes and there are no notification of the Central Government in terms of Section 2 of the Hindu Marriage Act, 1955 making those tribes covered under the Hindu Marriage Act, 1955, the petition is not maintainable.
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Mr. S. Rahman, learned counsel for the respondent, has made a prayer for adjournment as learned counsel for the appellant-husband is out of town.
Be that as it may, since the parties are inclined to settle the dispute amicably and separate through mutual consent, let them appear on 17.05.2023. The parties may resort to the remedy under the appropriate law thereafter.
Let the case be listed on 17.05.2023.
(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ Pulak