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Sunil vs. Kritika Paliwal

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Hindu Marriage Act, 1955–Secs. 2(2) & 13–Code of Civil Procedure, 1908–Order 7, Rule 11–Objection of maintainability of divorce petition–Rejection of–Claim of the petitioner that he is by caste Meena and belongs to Scheduled Tribe Community–Respondent replied the divorce petition but did not plead that their marriage was solemnized as per customs and usage of Meena Community–Marriage was solemnized in Arya Samaj Mandir–Petitioner did not disclose any custom or usage which confers right upon him against the maintainability of divorce petition–Held, the application was rightly rejected.