JUDGMENT : 1. Appellant has preferred this First Appeal against the impugned judgment and decree dated 7-8-2019 passed in Civil Suit No. 23-A/2018 by District Judge, Balrampur at Ramanujganj CG whereby and whereunder he dismissed her application filed under Section 13 of the Hindu Marriage Act, 1955 (for short Act). 2. In brief the appellant's case is that her marriage was solemnized with respondent in the year 2006 in accordance with Hindu rites and rituals. He had become drunker and subjected her to cruelty. Once he had tried to kill her by pouring kerosene on her body. 3. In brief the respondent's case is that he had never subjected the appellant to cruelty, she had developed love affairs with the employee of bus by which she used to go to attend weekly meeting at office of Women and Child Development, Shankargarh. 4. Trial Court by the impugned judgment and decree dismissed the application of appellant. Being aggrieved the appellant has preferred this first appeal. 5. In brief, the appellant's case regarding appeal is that trial Court has not appreciated the evidence available on record in proper perspective. Trial Court did not consider that respondent had levelled false allegation upon her character which amounts cruelty. 6. In brief respondent's case regarding appeal is that appellant failed to prove the ground of cruelty for obtaining the divorce. 7. Point for determination :- There are following points for determination in the case in hand- (1) Whether suit of appellant is maintainable ? (2) Whether after the solemnization of the marriage respondent had treated appellant with cruelty ? (3) Whether appellant is entitled to get the decree of divorce ? (4) Relief and costs. Point for determination No. 1- Finding with reasons:- 8. As per the appellant's case she is by caste Nageshia and appellant is also by caste Nageshia. 9. There are following provisions in Section 2 of the "Act" - Application of Act- (1) This Act applies- (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj. 9. There are following provisions in Section 2 of the "Act" - Application of Act- (1) This Act applies- (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj. (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation- The following persons are Hindus. Buddhists. Jainas or Sikhs by religion, as the case may be :- (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain or Sikh by religion and who is brought up as a members of the tribe, community, group or family to which such parent belongs or belonged; and (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (i), nothing contained in this Act shall apply to the members of any Scheduled Tribes within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression "Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section. 10. There is following provision in Article 366(25) of Constitution of India - "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution. 11. There is following provision in Article 342 of Constitution of India - Scheduled Tribes. 11. There is following provision in Article 342 of Constitution of India - Scheduled Tribes. - (1) The President [may with respect to any State [or Union territories], and where it is a state, after consultation with the Governor [thereof,] by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in relation to that state [or Union territory, as the case may be.] 12. There is the following provisions in The Constitution (Scheduled Tribes) Order, 1950 (C.0.22)- In exercise of the powers conferred by clause (1) of Article 342 of the Constitution of India, the President, after consultation with the Governors and Rajpramukhs of the States concerned, is pleased to make the following Order, namely:-- 1. This Order may be called the Constitution (Scheduled Tribes) Order, 1950. 2. The Tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in Parts I to XXII of the Schedule to this Order shall, in relation to the States to which those Parts respectively relate, be deemed to be Scheduled Tribes so far as regards members thereof residents in the localities specified in relation to them respectively in those Parts of that Schedule. 3. Any reference in this Order to State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division as constituted on the 1st day of May, 1976.] THE SCHEDULED 3[PART XX- Chhattisgarh] 1. Agariya 2. Andh 3. Baiga 4. Bhaina 5. Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Paliha, Pando 6. Bhattra 7. Bil, Bhilala, Barela, Patelia 8. Bil Mina 9. Bhunjia 10. Biar, Biyar 11. Binjhwar 12. Birhul, Birhor 13. Damor, Damaria 14. Dhanwar 15. Gadaba, Gadba 16. Gond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bimma, Bhuta, Koilabhuta, Kolibhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond, Gowari Hill Maria, Kandra, Kalanga, Hatola, Koitar, Koya, Khirwar, Hirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar, Moghya, Mogia, Minghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj Gond, Sonjhari, Jhareka, Thatia, Thotya, Wade Maria, Vade Maria, Daroi 17. Halba, Halbi 18. Kamar 19. Karku 20. Kawar, Kanwar, Kaur, Cherwa, Rathia, Tanwar, Chattri 21. Khairwar, Kondar 22. Kharia 23. Halba, Halbi 18. Kamar 19. Karku 20. Kawar, Kanwar, Kaur, Cherwa, Rathia, Tanwar, Chattri 21. Khairwar, Kondar 22. Kharia 23. Kondh, Khond, Kandh 24. Kol 25. Kolam26. Korku, Bopchi, Mouasi, Nihar, Nahul, Bondhi, Bondeya 27. Korwa, Kodaku 28. Majhi 29. Majhwar 30. Mawasi 31. Munda 32. Nagesia, Nagasia 33. Oraon, Dhanka, Dhangad 34. Pao 35. Pardhan, Pathari, Saroti 36. Pardhi, Bahelia, Bahellia, Chita Pardhi, Langoli Pardhi,Phans Pardhi, Shikari, Takankar, Takia [in (i) Bastar, Dantewara, Kanker, Raigarh, Jashpurnagar, Surguja and Koria districts, (ii) Katghora, Pali, Kartala and Korba tahsils of Korba districts, (iii) Bilaspur, Pendra, Kota and Takhatpur tahsils of Bilaspur district, (iv) Durg, Patan, Gunderdehi, Dhamdha, Balod, Gurur and Dondilohara tahsils of Durg district, (v) Chowki, Manpur and Mohala Revenue Inspector Circles of Rajandgon district, (vi) Mahasamund, Saraipali and Basna tahsils of Mahasamund district, (vii) Bindra-Navagarh Rajim and Deobhog tahsils of Raipur district, and (viii) Dhamtari, Kurud and Sihava tahsils of Chamtari district] 37. Parja 38. Sahariya, Saharia, Seharia, Sehria, Sosia, Sor 39. Saonta, Saunta 40. Saur 41. Sawar, Sawara 42. Sonr. 13. From said order it is very clear that, in C.G. state caste Nagesia mentioned in Sr. No. 32, has been declared Scheduled Tribe defined under Article 366(25) of Constitution of India and under Article 342 of Constitution of India. 14. There is no such notification in the Official Gazette where the Central Government has directed that "the Act" shall apply to members of Nagesia Caste which is Scheduled tribe. 15. In A.I.R. 2001, Dr. Surajmani Stella Kujur V/s Durga Charan Hansdah, page no.938, Honorable Supreme Court has given following finding in para No.6 of its judgment- "In this appeal the parties are admittedly tribals, the appellant being an Oraon and the respondent a Santhal. In the absence of a notification or order under Article 342 of the Constitution they are deemed to be Hindus. Even if a notification is issued under the Constitution, the Act can be applied to Scheduled Tribes as well by a further notification in terms of sub-section (2) of Section 2 of the Act. It is not disputed before us that in the Constitution (Scheduled Tribes) Order, 1950 as amended by Scheduled Castes and Scheduled Tribes Order (Amendment) Acts 63 of 1956, 108 of 1979, 18 of 1987 and 15 of 1990, both the tribes to which the parties belong are specified in Part XII. It is not disputed before us that in the Constitution (Scheduled Tribes) Order, 1950 as amended by Scheduled Castes and Scheduled Tribes Order (Amendment) Acts 63 of 1956, 108 of 1979, 18 of 1987 and 15 of 1990, both the tribes to which the parties belong are specified in Part XII. It is conceded even by the appellant that "the parties to the petition are two tribals, who tribals, who otherwise profess Hinduism, but their marriage being out of the purview of the Hindu Marriage Act, 1955 in light of Section 2(2) of the Act, are governed only by their Santhal customs and usage". 16. Looking to the above mentioned facts and circumstances of the case, looking to the above mentioned judicial precedent laid down by Hon'ble Supreme Court this Court finds that the Act is not applicable to appellant as well as respondent. In other words, the marriage of both the parties is out of purview of the Act in the light of Section 2(2) of the Act and governed by their Nagesia customs and usages. Thus, this Court finds that the suit of appellant is not maintainable. Thus, this Court decides point for determination No. 1 accordingly. 17. Because the suit of the appellant is not maintainable, hence there is no need to give finding with reasons on points for determination No. 2 and 3. Point for determination No. 4 : Finding with reason :- 18. This has been earlier decided that suit of appellant is not maintainable, hence this Court dismiss the instant appeal. Both the parties shall bear their own costs. A decree be drawn accordingly.