Madhya Pradesh High Court rules that denying divorce in a dead marriage amounts to cruelty, dissolving a marriage after 22 years of separation, highlighting irretrievable breakdown as grounds for relief.
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MADHYA PRADESH: In a landmark judgment, the Madhya Pradesh High Court granted a decree of divorce to a couple living separately for 22 years, ruling that irretrievable breakdown of marriage and intentional resistance to divorce by one party constitutes cruelty under the Hindu Marriage Act, 1955. The verdict was delivered by a division bench comprising Justice Vishal Dhagat and Justice Ramkumar Choubey.
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Case Background
The appellant-husband filed an appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 19.04.2006 passed by the District Judge, Tikamgarh. The original matrimonial case sought dissolution of marriage with the respondent-wife, solemnized on 31.05.1998.
The husband alleged that soon after marriage, the respondent displayed abnormal behavior—laughing and crying without reason, negligence in household chores, and cruelty towards his mother and child. He further claimed she suffered from psychiatric illness, for which she was treated in Delhi, Lalitpur, and Ghaziabad. On these grounds, he sought divorce under Sections 13(1)(i-a) (cruelty) and 13(1)(iii) (mental disorder).
The respondent denied the allegations, contending that they were false and raised only because the husband wished to remarry. Instead, she accused the husband and his family of harassing her for dowry of Rs. 2 lakhs, alleging physical assault by her mother-in-law and linking her father’s death in 2000 to dowry harassment.
The Trial Court dismissed the petition, holding that the husband failed to prove incurable mental illness or abnormal behavior sufficient to sustain a divorce decree.
Arguments Before the High Court
Before the High Court, the appellant argued that:
- The trial court had ignored crucial evidence, including testimony from neighbors and doctors.
- The marriage had irretrievably broken down, as the parties had lived separately since 2003.
- There was no chance of resumption of marital life.
Notably, the respondent did not appear for the final hearing despite being served notice. The Court proceeded ex-parte.
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Court’s Observations
The bench noted that while an irretrievable breakdown of marriage is not an express ground under the Hindu Marriage Act, the Supreme Court has invoked Article 142 of the Constitution to grant such relief. Importantly, the Court emphasized that under Section 151 of the CPC, civil courts hold inherent powers to act in the interest of justice.
The Court made a significant observation:
“When there is complete breakdown of marriage and there is impossibility of resumption of married life between the parties then Court cannot close its eyes to said fact and enhance the pain of parties in not granting them divorce.”
It further held that intentionally resisting divorce despite the irreparable breakdown of marriage amounts to cruelty:
“Husband or wife often adopts a sadistic approach towards their partner and gets enjoyment from the sufferings of the other side by resisting divorce. This conduct amounts to cruelty under Section 13(1)(a) of the Hindu Marriage Act, 1955.”
Final Decision:
Recognizing the 22-year separation and lack of intent from the respondent to continue the marriage, the High Court allowed the appeal. The Court dissolved the marriage, stating that adherence to strict fault-based grounds would serve no purpose in such a deadlocked situation.
The bench concluded:
“There is long separation between the parties and no purpose will be served overlooking the said fact and sticking to fault theory.”
Accordingly, the marriage solemnized on 31.05.1998 was dissolved.
Case Title:
DILIP KUMAR Versus SHRIMATI CHETNA
FIRST APPEAL No. 527 of 2006
Read Judgment:
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