Introduction
In a significant legal development, the Orissa High Court recently granted a divorce to a couple on the grounds of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955. The court observed that the couple had been embroiled in severe marital discord, characterized by mutual allegations and a complete breakdown of their marriage for over a decade. This case underscores the judiciary's approach to cases involving prolonged separation and irretrievable breakdown of marriage.
Background of the Case
The marriage between the parties took place on March 3, 2013. However, within a few months, the relationship deteriorated, leading to mutual allegations and counter-allegations. The marriage was reportedly never consummated, and the couple had been living separately since December 21, 2013. The wife also initiated a criminal case against her husband and his family members. Subsequently, the husband filed a petition for divorce before the Judge, Family Court, Dhenkanal, which was dismissed on November 29, 2017. Dissatisfied with this decision, the husband appealed to the High Court.
Legal Framework: Section 13(1)(i-b) of the Hindu Marriage Act
Section 13(1)(i-b) of the Hindu Marriage Act, 1955, stipulates that a marriage may be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. Desertion, in this context, implies the intentional permanent abandonment of one spouse by the other without reasonable cause and without the consent of the deserted spouse.
Court's Observations and Rationale
The Division Bench comprising Justice Bibhu Prasad Routray and Justice Chittaranjan Dash noted that neither party had made any effort towards restitution of conjugal rights during the 12 years of separation. The court highlighted the mutual allegations embedded with hatred, indicating a complete breakdown of the marriage. The prolonged separation and lack of attempts at reconciliation led the court to conclude that the marriage had irretrievably broken down, justifying the grant of divorce on the ground of desertion.
Irretrievable Breakdown of Marriage: Judicial Perspective
While irretrievable breakdown of marriage is not explicitly recognized as a ground for divorce under the Hindu Marriage Act, courts have, in various judgments, acknowledged it as a valid consideration. In K. Srinivas Rao v. D.A. Deepa (2013), the Supreme Court observed that a marriage beyond repair due to bitterness created by the acts of the spouse justifies the dissolution of the marriage. The Orissa High Court, in the present case, echoed this sentiment, emphasizing that forcing parties to continue in a deteriorated marriage would serve no purpose.
Comparative Judicial Approaches
The issue of irretrievable breakdown of marriage has been addressed by various High Courts in India:
Madhya Pradesh High Court: In a recent judgment, the court granted divorce to a woman, emphasizing that an irretrievable breakdown of the relationship renders it unjust to compel the couple to live together.
Punjab & Haryana High Court: The court granted divorce to a couple living separately for seven years, observing that compelling them to live together would amount to cruelty.
Allahabad High Court: The court held that prolonged separation without cause constitutes cruelty under the Hindu Marriage Act, thereby justifying divorce.
Implications of the Judgment
The Orissa High Court's decision reflects a pragmatic approach to matrimonial disputes, recognizing that prolonged separation and mutual animosity indicate an irretrievable breakdown of marriage. This judgment reinforces the principle that the law should not compel individuals to remain in a marriage that has ceased to fulfill its purpose, thereby acknowledging the importance of personal autonomy and mental well-being.
Conclusion
The Orissa High Court's ruling to grant divorce on the grounds of desertion, considering the prolonged separation and mutual hostility between the parties, aligns with the evolving judicial recognition of irretrievable breakdown of marriage as a de facto ground for divorce. This case highlights the judiciary's sensitivity to the realities of marital relationships and its commitment to ensuring that legal provisions serve the best interests of individuals and society.
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