JAIPUR: Rajasthan High Court has quashed the order passed by a lower court in Tonk granting conjugal rights to a tribal woman under Hindu Marriage Act claiming tribal are not covered under Hindu Marriage Act.The single bench of Justice B L Sharma passed the order on an appeal petition by her estranged husband Ram Lal Mina.The woman, Prem Bai, in her complaint filed in 1996 under Hindu Marriage Act at the district court in Tonk said that she got married to her husband in 1986 as per Hindu traditions and started living with her inlaw’s house in 1992. She said that her husband was then studying in Jaipur and used to visit his home during holiday and festivals only. But she said her husband and family started harassing her for dowry after few years. She then left her in-laws house to live with her parents in 1995 and since then he had not returned to take her back. In the meanwhile, Ram Lal Mina got a job in the central government in Jaipur. Though her family tired for rapprochement, they refused saying that he will marry an educated woman.She then filed the petition in the court seeking alimony and the district court, Tonk issued an ex-party decree in her favour in 1998 but the petitioner challenged it in the high court arguing that that being a tribal man, the decree passed by the lower court under the Hindu Marriage Act is no biding on him and the court allowed the petition.

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