WHEN DECIDING APPLICABILITY OF HINDU MARRIAGE ACT TO TRIBALS COURT SHALL FRAME ISSUE DECIDE THE SAME ALONG WITH OTHER ISSUES- CANNOT DISPOSE THE SAME ON THE MEMO FILED BY OTHER SIDE AS TO NON-APPLICABILTY OF ACT

 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 

HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE SMT. JUSTICE P. SREE SUDHA 

FAMILY COURT APPEAL NO.338 OF 2013 

Between: Dr. N. Surya, S/o Mallu .. Appellant

 Vs. Smt. N. Sushma, W/o Dr. N. Surya .. Respondent 

DATE OF JUDGMENT PRONOUNCED: 20.03.2024

14. In the light of the aforesaid principles, parties have to plead and prove that provisions of the Hindu Marriage Act are not applicable and they are not guided by the said provisions during the trial. The learned Family Court has to frame an issue on the same and decide the same along with other issues after conducting full-fledged trial. Instead of doing so, learned Family Court dismissed the O.P filed by appellant-husband relying on memo filed by respondent-wife. Thus, learned Family Court erred in dismissing the aforesaid O.P simply relying on the memo. Therefore, impugned order is liable to be set aside and accordingly it is set aside. Matter is remanded back to the learned Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Warangal with a direction to decide the aforesaid O.P.No.214 of 2010 afresh after affording an opportunity to appellant as well as respondent and they are at liberty to take all the pleas and grounds including applicability of provisions of the Hindu 6 (2005) 9 SCC 407 10 Marriage Act before the learned Family Court and it is for the learned Family Court to decide the same along with other issues