The Chhattisgarh High Court overturned a Family Court’s rejection of a mutual-consent divorce petition. The court ruled that Section 2(2) of the Hindu Marriage Act is protective, not exclusionary, allowing a Scheduled Tribe member who married under Hindu customs to seek divorce under the Act. The case was remitted for a decision on merits. The Chhattisgarh High Court overturned a Family Court’s rejection of a mutual-consent divorce petition. The court ruled that Section 2(2) of the Hindu Marriage Act is protective, not exclusionary, allowing a Scheduled Tribe member who married under Hindu customs to seek divorce under the Act. The case was remitted for a decision on merits.
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