Allahabad High Court Declares Hindu Marriage a Sacrament, Affirms Dissolution on Grounds of Abandonment and Cruelty

In a recent ruling, the Allahabad High Court reaffirmed the sanctity of Hindu marriage as a sacrament rather than merely a social contract, emphasizing that abandonment without just cause leads to the dissolution of the marriage’s spiritual essence. The Court’s decision came in response to an appeal challenging a Family Court’s judgment that decreed the dissolution of a marriage under Section 13 of the Hindu Marriage Act, 1955.

Brief Facts:

The marriage in question was solemnized in March 1989, but over the course of 35 years, it was marked by frequent separations and attempts at reconciliation. The couple has been living apart since March 2001. Their only child, born in 1991, is now approximately 33 years old. The couple’s tumultuous relationship led to two earlier legal actions: a divorce suit filed in 1990, which was later withdrawn in 1995, and a suit for restitution of conjugal rights filed in 1999, which was also withdrawn due to the appellant’s unwillingness to resume cohabitation.

The present appeal, filed under Section 19 of the Family Court Act, 1984, challenges the judgment of the Family Court in Jhansi, which ordered the dissolution of the marriage on grounds of irretrievable breakdown under Section 13 of the Hindu Marriage Act, 1955.

Observations of the Court:

The Allahabad High Court underscored the notion that “a Hindu marriage is a sacrament and not just a social contract.” The Bench noted that when one partner abandons the other without a valid reason or necessity, the marriage loses its soul and spirit, even if it retains its external form. The Court stated, “To a third party, the form may be visible, and they may continue to visualize the marriage as existing, but to the spouse, the sacrament may remain dead.”

The Bench further elaborated that the “death of the spirit and soul” of a Hindu marriage could amount to cruelty to the spouse who is left alone, deprived of both physical and emotional companionship. The judgment reflects a profound understanding of the emotional and spiritual dimensions of marriage, recognizing the importance of both physical presence and emotional commitment.

Decision of the Court:

The High Court upheld the Family Court’s decision to dissolve the marriage, ruling that the long-standing abandonment and lack of cohabitation constituted grounds for dissolution. The Court also ordered that the appellant be awarded a sum of Rs. 5,00,000 as permanent alimony from the respondent. This amount is to be paid within three months, failing which an interest of 8% per annum will be added from the end of the three-month period.

Coram: Justice Saumitra Dayal Singh and Justice Donadi Ramesh

Advocates:

• For the Appellant: Adv. S.N. Pandey, Havaldar Verma, K.K. Tiwari
• For the Respondent: Adv. S.K. Chaturvedi, S.P. Sharma

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