The High Court of Delhi has affirmed a Family Court decision, ruling that a divorce petition filed under the Hindu Marriage Act, 1955 (HMA) by a woman belonging to the ‘Lambada (Banjara)’ Scheduled Tribe is maintainable. A Division Bench comprising Justice Anil Kshetrpal and Justice Harish Vaidyanathan Shankar held that where parties from a Scheduled Tribe have “Hinduised” and solemnized their marriage according to Hindu rites and customs, the provisions of the HMA will apply, notwithstanding the statutory exclusion under Section 2(2) of the Act.
The judgment, pronounced on November 4, 2025, dismissed an appeal filed by the husband (Appellant) challenging the Family Court’s order dated February 9, 2024, which had found the wife’s (Respondent) divorce petition maintainable.
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