AIR 2017 SC 2588 ::2017 CRI. L. J. 3657 ::AIR 2018 SC( Cri) 1081 ::(2017) 4 DLT(CRL) 511 ::(2017) 4 CurCriR 185 ::2017 (13) SCC 488 ::(2017) 4 RecCriR 739 ::(2018) 1 AllCriLR 711 ::(2017) 4 Crimes 343 ::2017 (4) KCCR SN 363 (SC)

Supreme Court Of India

(From : 2017 Cri LJ 1397 (Meg))*

Hon'ble Judge(s): S. A. Bobde, L. Nageswara Rao , JJ

Constitution of India , Art.244(2), Art.275(1)— Autonomous District Council - Jurisdiction - Matrimonial dispute relating to maintenance between tribal husband and wife - Wife belonging to Jaintia Hills District Council whereas husband belongs to East Khasi Hills District Council - District Council, East Khasi Hills would have no jurisdiction to try the matter - Court constituted under Cr. P.C. would have jurisdiction. District Council constituted for purpose of deciding dispute between tribals has jurisdiction only in respect of tribals who belong to scheduled tribes within such area for which said District Council is constituted. It would have no jurisdiction where one of parties belongs to another area which is under jurisdiction of another District Council. In instant case tribal wife belonging to Jaintia Hills District Council claiming maintenance against tribal husband belonging to East Khasi Hills District Council. Though both husband and wife are tribals they are belonging to two different area. Therefore District Council, East Khasi Hills would have no jurisdiction to try the matter and Court constituted under Cr. P. C. would have jurisdiction.(Para 6 7 9) .....