Sau. Sandhya Shekhar Zanjare v. Shri Shekhar Suresh Zanjare
1 WP 1949-16.docP17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1949 OF 2016 Sau. Sandhya Shekhar Zanjare.
] ... Petitioner
Versus
Shri Shekhar Suresh Zanjare.
] ... Respondent Mr. A. S. Pandire h/f Ms. Leena Patil for Petitioner. CORAM : M. S. SONAK, J.
DATE : FEBRUARY 15, 2016 P. C. : 1.
Not on board. Upon production, taken on board. 2.
There is no case made out to interfere with the impugned order. Merely on the basis of Clause 25 of Article 366 of Constitution of India, which defines the expression 'Scheduled Caste', it cannot be said that the provisions of Hindu Marriage Act, 1956, are inapplicable. 3.
In case the petitioner is indeed serious with her contention that she and her husband are not Hindus, it is for her to make proper pleadings and thereafter lead evidence. However, on basis of mere application to the effect that the petitioner and her husband belong to the Scheduled Caste, it cannot be said that the provisions of Hindu Marriage Act, 1956, do not apply to the parties. URS
2 WP 1949-16.docP17 4.
Therefore, this petition is dismissed. However, liberty is granted to the petitioner to apply for amendment of her pleadings. Such application, if made, to be considered by the Family Court on its own merits and in accordance with law. If amendment is permitted, the Family Court to consider whether the issue urged by the petitioner indeed arises and thereafter decide the same along with all other issues which will arise in the matter.
5.
With the aforesaid observations, this petition is dismissed. There shall be no order as to costs.
(M. S. SONAK, J.) URS