LI Network
Published on: 06 September 2023 at 11:30 IST
The Delhi High Court has underscored the importance of recognizing incompatibility and temperamental differences as grounds for divorce, citing the Hindu Marriage Act, 1955’s limitations.
The Court noted that the Act does not acknowledge incompatibility or temperamental differences, leading couples to engage in prolonged conflicts because they have no means of ending the relationship.
In its observations, the Court mentioned that traditional Hindu marriages were considered sacraments without any provision for divorce. Although the introduction of the 1955 Act brought changes, divorce grounds were still based on the ‘fault theory.’ Despite discussions to introduce “irretrievable breakdown of marriage” as a divorce ground, it hasn’t received legislative consent.
The judgment stated, “With the passage of time, experience has shown that many a time, marriages do not work because of incompatibility and temperamental differences, for which neither party can be blamed. However, since only Fault Theory prevails, these parties end up warring with each other for years to come only because they have no way of exiting this relationship.”
The Court noted that the Hindu Marriage Act’s confines bind the courts, and unless the other spouse’s fault is demonstrated, couples are trapped in acrimonious relationships without an exit strategy.
These observations were made in response to an appeal filed by a woman challenging a family court’s divorce order based on allegations of cruelty by her husband.
The Bench acknowledged that the couple’s dispute resulted from disrespect towards the husband and his family, leading to frequent quarrels and complaints. Over time, these quarrels caused mental agony, with no solution in sight.
The spouses had lived separately for 15 years, signifying an irreparable breakdown of the matrimonial bond.
The Court upheld the family court’s divorce order, emphasizing that postponing the inevitable in such cases serves no purpose.
