Allahabad HC Suggests Amendments In Hindu Marriage Act Divorce Laws

On Thursday, the Allahabad High Court stated that irretrievable breakdown of marriage should be made a ground for divorce in the Hindu Marriage Act. The court said that the meaning of marriage has changed in modern times and so should the grounds for divorce. It further said that although love marriages are "easily entered unions", such relationships are "easily" resulting in marital disputes. Read on to learn more about the judgement that aims at suggesting amendments to the Hindu Marriage Act. 

As per reports, the court was dealing with an appeal filed by a doctor, who has also worked in the Indian Army for 30 years. As per the appeal, the doctor wanted a divorce from his wife who is also a senior doctor. The wife has already been staying away from him for a long time. Married in 2007, the doctor filed for divorce in 2015 at a family court. However, his appeal was rejected. So he turned towards the high court with his appeal for divorce which was based on mental cruelty. 

The doctor submitted that his wife was already living away from him counted for mental cruelty based on which he should be granted divorce. 

Why must an irretrievable breakdown of marriage be a ground for divorce?

Considering the submissions, the bench of justices Vivek Kumar Birla and Donadi Ramesh observed that the irretrievable breakdown of marriage has been recognised as a ground for divorce in many cases by the Supreme Court. The judges highlighted a particular case from 2006 - Naveen Kohli Vs. Neelu Kohli - in which the apex court granted divorce on the grounds of irretrievable breakdown of marriage. 

However, it has been 18 years since then but nothing has changed in this regard. The court said, "On one hand, the law recognises 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 break down 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."

Modern marriages of the modern time

The court also said that many times, the matrimonial relationship between couples remains only for the namesake. When the Hindu Marriage Act was enacted in 1955, the sentiments and respect attached to marital bonds were different. But today, things have changed. The way marriages are taking place was unheard of, the court claimed. 

The judges attributed this change to reasons like “education, financial independence, breaking of caste barriers, modernisation, the effect of western culture." The society is becoming more and more open and individualistic in nature, needing less emotional support as well. 

Talking further about the frequent occurrence of matrimonial disputes, the court said, “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 an 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.”

This is the reason why the Supreme Court has allowed such unworkable marriages to dissolve as continuing them will definitely cause mental cruelty to the parties involved. 

“To our mind, irretrievable breakdown is an assessment of circumstances prevailing in lives of the parties to the marriage and if proved, would amount to mental cruelty."

Judgement on the present case: divorce granted to the doctor

Talking about the case in question, the court recognised that the fact that the wife stayed away from her husband for a long time shows that she is not interested in the matrimonial relationship.  The judges said that the marriage was irretrievably broken being unworkable and emotionally dead. The case of mental cruelty can be construed based on which divorce can be granted. 

Moreover, the court has directed the Registrar (Compliance) to send a copy of this judgment to Secretary, Ministry of Law and Justice, Department of Legal Affairs, Government of India and the Law Commission so that they can consider adding an irretrievable breakdown of marriage as a ground for divorce in the Hindu Marriage Act.