Dr. Surojmani Stella Kajur Vs Durga Cheran Hansdah :Case Summary 

Fact:

In this case the appellant filed a complaint in the chef metrpolitan magistrate station therein that her marriage was solemnised with respondent according to Hindu rites and customs . Alleging that the respondent had solemnised another marriage, the complaint pleaded that the accused not having obtained any divorce, he was guilty of bigamy under section 494 IPC.

It was conceded by the appellant that the parties are tribals and governed by their tribals customs and usage through they prefer Hinduism, but their marriage being cut of the preview of the Hindu Marriage Act, 1955 in light of section 2(2) of the act. The appellant relied on an alleged customs in the tribe which mandate monogamy us a rule. The trial courts High courts dismissed the appeal

Issue:

Who is a Hindu for the purpose of the applicability of the Hindu Marriage Act, 1955?

Ratio & Judgement:

The answer to question is provided in section 2 of the HMA,1955, the act is applicable to :

1. Any person who is a hindu by religion includung Virashaiva, a lingayat or a followwer of the Brahmo, Prarthana or Arya samaj
2. Any person who is a Buddhist, Jain or sikh by religion
3. Any other person domiciled in territories of India who is not a Muslim, Christian, Parsi or Jew by religion. 

• In the absence of metropolitan or order under aricle 342 of constitution they were deemed to be hindus.
• In order that customs is legal and bindidng, it must be, immemorial origin and recognised by courts as reasonable. The party religion upon custom is obliged to establish it by clear and unambigious evidence. The alleged custom having force of law which prohibts the solemnisation of second marriage was not proved.
• In the absence of pleadings, evidence and proof of the alleged custom making the second marriage void, no offence under section 494 of IPC can possibly be made out against respondent.
• The appeal was dismissed.