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Bombay High Court

Varsha Vikas Darekar vs Vikas Baban Darekar on 2 July, 2025

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RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2025.07.16                                                                                 902. CRA 103-2025.doc
          16:28:04
          +0530




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                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                             CIVIL APPELLATE JURISDICTION

                                                  CIVIL REVISION APPLICATION NO.103 OF 2025

                                         Varsha Vikas Darekar                               ... Applicant
                                               Versus
                                         Vikas Baban Darekar                                        ...Respondent

                                                                   __________
                                         Mr. Sidheshwar N. Biradar a/w Mr. Saurabh Kudekar for the Applicant.
                                                                       __________

                                                    CORAM : MANJUSHA DESHPANDE, J.

DATE : 2 JULY 2025 P.C.:

1. Heard the learned counsel for the parties.

2. This Revision Application is filed to quash and set aside the impugned order dated 4th December, 2024 passed by the Family Court, Pune, on an application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 in Petition No. A-1381/2018 passed by the Family Court, Pune on the ground that Section 2(2) of the Hindu Marriage Act provides that the Act is not applicable to the members of Scheduled Tribe.

3. The learned counsel for the Applicant submits that the Applicant belongs to Scheduled Tribe community within the meaning of clause (25) of Article 366 of the Constitution.

4. It is contended on behalf of the Applicant that the Rajesh Chittewan, PS Page 1 of 2 ::: Uploaded on - 16/07/2025 ::: Downloaded on - 01/08/2025 21:29:45 :::

902. CRA 103-2025.doc Respondent belongs to Mahadeo Koli. The Respondent-husband has filed the Petition before the Family Court, Pune under the provisions of the Hindu Marriage Act, 1955. Though Section 2(2) provides that members belonging to Scheduled Tribe are exempted from application of Hindu Marriage Act, 1955.

5. In support of the aforesaid submission, the learned counsel for the Applicant relied on the following cases:

(1) Dr. Surajmani Stella Kujur vs. Durga Charan Hansdah1 (2) Rupa Debbarma vs. Tapash Debbarma2 (3) Dr. Bini B. vs. Jayan P.R.3

6. Issue notice to the Respondent, returnable 30th July, 2025.

7. In the meanwhile, there shall be ad-interim relief in terms of prayer clause (c) till the returnable date.

[MANJUSHA DESHPANDE, J.] 1 (2001) 3 SCC 13. 2 2020 SCC OnLine Tri. 425. 3 2015 SCC OnLine Ket. 39489.