In a significant ruling that underscores the philosophical underpinnings of Hindu matrimonial law, the Karnataka High Court has dismissed a woman's appeal for divorce, reiterating that marriage is a sacred and eternal union, not merely a civil contract. The court emphasized the spiritual dimensions of the marital bond as envisioned under Hindu law.
Court's Philosophical Observations on Hindu Marriage
The division bench comprising Justices Jayant Banerji and Umesh M Adiga was hearing a plea challenging a Family Court order from January 2018 that had denied the woman's petition for divorce. The bench elaborated on the traditional Hindu view of marriage during its judgment delivered recently.
The court stated, "Under Hindu Law, marriage is revered as a sacred, eternal union, not a civil contract. It is believed to be a bond created in heaven and fulfilled on earth." It detailed the symbolism of the wedding ceremony, noting that in the presence of the sacred fire (Agni Sakshi), the couple clasp hands and vow to uphold the fourfold purposes of life: Dharma (righteousness), Artha (prosperity), Kama (desire/love), and Moksha (spiritual liberation).
This sacred pledge, 'Dharmecha, Arthecha, Kamecha, Mokshecha,' signifies a commitment to walk together in all aspects of life, transforming the union into a divine partnership ordained by destiny, the bench observed.
Details of the Case and Allegations
The case involved a couple who married according to Hindu customs and rituals in 2012. The woman stayed at her marital home for only 21 days before leaving. She approached the Family Court seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which deals with divorce on the grounds of cruelty.
In her petition, the woman alleged that she and her parents were harassed by her husband and his family for additional dowry and subjected to cruelty. She also cited financial disparity, stating she was not economically sound while her husband earned an income of Rs 30,000 per month. Alongside divorce, she had prayed for the award of permanent alimony.
Court's Reasoning and Final Decision
The High Court, however, found no merit in the appeal. It upheld the Family Court's detailed analysis of the evidence presented by both parties. The bench noted, "It appears that the petitioner thought that marriage is child’s play. It appears she had made allegations just to go to her parents’ house to pursue her education."
The court ruled that under the Hindu Marriage Act, the petitioner must establish that she was subjected to unbearable cruelty at the hands of her husband and his family to be entitled to a divorce decree. It concluded that the Family Court judge had arrived at the correct conclusion after examining the evidence, and thus, the High Court saw no reason to interfere with the order.
This judgment reinforces the legal threshold for proving cruelty in divorce cases and highlights the judiciary's occasional invocation of the sacred and indissoluble ideals of Hindu marriage, even in contemporary disputes.
