The Delhi High Court has ruled that marriages within the Banjara (Lambada) community performed using Hindu rituals are governed by the Hindu Marriage Act, recognizing the community’s gradual Hinduisation and adoption of essential Hindu matrimonial customs.
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NEW DELHI: In a landmark judgment, the Delhi High Court has ruled that marriages within the Banjara (Lambada) community, a Scheduled Tribe, performed using Hindu rituals fall under the purview of the Hindu Marriage Act (HMA), 1955. The Court observed that the community has undergone substantial Hinduisation, assimilating essential elements of Hindu marriage ceremonies.
What the Court Held
A Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar dismissed an appeal filed by a husband who had challenged his wife’s divorce petition under the HMA.
He argued that, as members of a Scheduled Tribe, the provisions of the Act could not apply to them in light of Section 2(2) of the Hindu Marriage Act, which excludes Scheduled Tribes unless notified otherwise by the Central Government.
However, the Family Court had already ruled that the woman’s divorce petition was maintainable. Upholding this decision, the High Court concluded that the Banjara community’s marriage practices now bear all hallmarks of Hindu matrimonial ceremonies.
Court’s Reasoning
The Bench referred to ethnographic studies and expert literature presented by the wife, which indicated that the Banjara or Lambada community has experienced a gradual process of Hinduisation.
According to the Court, Banjara marriage ceremonies today commonly include:
- Invocation of the sacred fire (Agni Sakshi)
- Wearing of Mangalsutra and Bichiya
- Performance of Saptapadi (seven steps around the fire)
These practices, the Court noted, are distinctly Hindu rituals, demonstrating that the community’s marriages have become a fusion of traditional Lambada and Hindu customs.
“The performance of essential Hindu ceremonies clearly reflects that the marriage bore all the hallmarks of a Hindu sacrament,”
the Court stated.
“The contention that the parties were not Hinduised is untenable.”
The High Court further elaborated that Section 7 of the Hindu Marriage Act does not mandate a single uniform form of marriage ceremony. Instead, it legally recognizes the diversity of Hindu matrimonial customs and the performance of customary rites and ceremonies as valid, provided they indicate the intention to enter into a marital union.
The Court emphasized that for a marriage to be recognized under the Act, it must demonstrate:
- Performance of customary rites or ceremonies
- Intention to enter a marital union
- Completion of Saptapadi, where applicable
- Proof of solemnization
The evidence, in this case, established that the Banjara couple’s marriage fulfilled these essentials, thereby making it valid under the Hindu Marriage Act.
After reviewing the evidence and the Family Court’s findings, the Delhi High Court held that:
“The marriage in question was performed in accordance with Hindu rites and customs and is, therefore, governed by the Hindu Marriage Act, 1955.”
The husband’s appeal was rejected, reaffirming that members of the Banjara community who perform Hindu marriage rituals are governed by the HMA, despite their Scheduled Tribe status.
Appearance:
The husband: Advocate Manoj Singh
The wife: Advocates Akshat Bajpai, Shobhit Trehan and Jayashree Mishra
Case Title:
AJMERA RAMULU versus B CHANDRAKALA
APPL. 35808/2025, CM APPL. 50365/2025 and CM APPL. 50366/2025
READ JUDGMENT
