The Delhi High Court on Tuesday (November 4) held that a marriage between members of a community belonging to the Scheduled Tribe would fall within the scope of the Hindu Marriage Act (HMA), 1955, if it were performed as per the Hindu rites and ceremonies.

The division bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar said that “the performance of essential Hindu ceremonies, which include the invocation of the sacred fire, the wearing of mangalsutra and bichiya, and the saptapadi, clearly reflects that the marriage bore all the hallmarks of a Hindu sacrament.”

The case arose from a challenge to a Family Court decree of divorce under the HMA. The husband had argued that the couple, belonging to the Scheduled Tribe, were governed by their tribal customary laws and t

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