The Allahabad High Court instructed the Union of India and the Law Commission to examine the request for incorporating irretrievable breakdown of marriages as a divorce ground within the Hindu Marriage Act.
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Uttar Pradesh: The Allahabad High Court remarked Yesterday (29 Feb) that love marriages are often characterized as “easily entered” unions, noting that such relationships also frequently result in matrimonial disputes between couples.
The division bench consisting of Justice Vivek Kumar Birla and Justice Donadi Ramesh made this observation while emphasizing the necessity of amending the grounds for divorce under the Hindu Marriage Act to address modern situations.
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In particular, the Court urged the Union of India to consider amending the Hindu Marriage Act in light of observations made by the Supreme Court in 2006, advocating for the inclusion of irretrievable breakdown of marriage as a ground for granting divorce.
The Court reflected on the societal changes since the enactment of the Hindu Marriage Act in 1955, noting that the sentiments and respect attached to matrimonial ties were different at that time, and the current manner of marriages was “unheard of in those days.”
It attributed these changes to factors such as:
“education, financial independence, breaking of caste barriers, modernization, [and the] effect of western culture.”
Furthermore, the Court observed that society is becoming increasingly open and individualistic in nature, resulting in a reduced need for emotional support.
The Court stated,
“Whether it is a love marriage or an arranged marriage, all such factors do affect the relationship between the two. However, needless to say that to every action, there is equal reaction. Easily entered marriages like love marriages are also easily resulting in matrimonial disputes between the two. No matter, who is responsible for the same. The parties are not willing to continue such a relationship or at least one party starts living separately.”
The judges stated that such “facts” were clearly emerging from their experiences while dealing with such disputes.
“Easily entered marriages like love marriages are also easily resulting in matrimonial disputes,”
-remarked the Allahabad High Court.
The Court made these observations while addressing an appeal filed by a doctor, who had served in the Indian Army for approximately 30 years, against the Family Court’s refusal to grant him a divorce from his wife, also a senior doctor. The couple, in their second marriage, tied the knot in 2007. Allegedly, the wife had deserted the husband six years before he filed for divorce in 2015, citing cruelty as grounds. However, the Family Court did not accept the husband’s case, prompting an appeal to the High Court in 2019. The wife did not participate in the proceedings and was thus proceeded ex parte.
The husband’s primary contention before the High Court was that his wife’s prolonged absence constituted mental cruelty. Considering the submissions, the Court noted that irretrievable breakdown of marriage has long been recognized as a ground for divorce by the Supreme Court.
Particularly citing the case of Naveen Kohli Vs. Neelu Kohli in 2006, the apex court spoke about the inclusion of irretrievable breakdown of marriage as a divorce ground.
However, the High Court remarked that despite approximately 18 years having passed, no action had been taken in this regard.
“On one hand, the law recognizes desertion of a petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition as one of the grounds for grant of divorce, whereas on the other hand, it is not understandable as to why the ground of irretrievable breakdown is not being recognized as one of the grounds, when the parties are living separately for so many years and in some cases, for decades together,”
-it added.
The Court further noted that in many cases, matrimonial life between parties remains in name only. For this reason, the Supreme Court consistently believed that the continuation of such unworkable matrimonial ties amounted to mental cruelty on the parties, the Court added.
“To our mind, irretrievable breakdown is an assessment of circumstances prevailing in the lives of the parties to the marriage and if proved, would amount to mental cruelty,”
-it said.
In the context of the present case, the Court stated that since the wife had been staying away from the husband for a significant period, it clearly indicated her disinterest in continuing the matrimonial life.
Concluding that the marriage had irretrievably broken down, the Court deemed the case as one of ‘mental cruelty’ on the husband, as the marriage had become completely unworkable and emotionally dead.
“On that note, divorce can be granted,”
-it said, allowing the appeal and granting a decree of divorce in favor of the husband.
Meanwhile, the Court directed the Registrar (Compliance) to forward a copy of this judgment to the Secretary, Ministry of Law and Justice, Department of Legal Affairs, Government of India, and the Law Commission for consideration of the matter in light of the observations made by the apex court in the case of Naveen Kohli and other judgments.
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