Allahabad HC Expresses Need To Amend Grounds Of Divorce Under The Hindu Marriage Act

Prayagraj, March 2 (TNA) The Allahabad High Court (HC) has expressed the need to amend the grounds of divorce under the Hindu Marriage Act. The Court has said that it is time to consider that marriage which cannot be restored or brought back to its previous state. This comment has been made by the division bench of Justice Vivek Kumar Birla and Justice Donadi Ramesh.

The court said, “Whether it is a love marriage or one with family consent, various factors affect the relationship. It is not necessary to say that every action has an equal reaction. Like love marriages, easy marriages (family consent) are also becoming the cause of marital disputes.”

“Does it matter who is responsible? The parties are not willing to continue such a relationship.” The division bench made this comment while hearing the appeal of a doctor, who has also served in the Indian Army for almost 30 years.

The family court had refused to allow him to divorce his wife, who is also a senior doctor. The marriage took place in 2007. This was the second marriage. The wife had left her husband six years before he applied for divorce in 2015. Divorce was sought on the grounds of cruelty. When the Family Court did not accept the husband's application, an appeal was filed in the High Court in 2019. Here the main argument of the husband was that the wife was away from him for a long time and this was mental cruelty.

The court said the Supreme Court has recognized the irreparable breakdown of marriage as a ground for divorce. Referring to the Supreme Court's decision in the Naveen Kohli case, the bench said, that one of the grounds for grant of divorce as per law is that the petitioner must have deserted the petitioner for a continuous period of at least two years before filing the petition.

The Court said it is not understandable why irreparable breakdown is not being recognized as a ground when the parties have been living separately for years and in some cases decades. The Court said, 'In many cases, the marital life between the parties remains only nominal.' The Supreme Court has consistently felt that the continuation of such impractical matrimonial relations is nothing but mental cruelty to the parties.

In the context of the present case, the court said that since the wife has been living away from the husband for a long time this clearly shows that she is not interested in continuing the married life. Finding that the marriage has completely broken down, the case must be considered as a case of ‘mental cruelty’ on the husband.

Marriage is completely impractical and emotionally dead. The court accepted the appeal and gave a decree of divorce in favour of the husband saying, 'Divorce can be granted.' The High Court also directed to send a copy of the order to the Law Commission and Secretary, Ministry of Law and Justice, Government of India for serious consideration. The petitioner was represented by advocates Tarun Agarwal and Pankaj Agarwal.