The Supreme Court on Monday dismissed a public interest litigation (PIL) challenging a provision of the Hindu Marriage Act (HMA) that exclusively permits wives—and not husbands—to seek divorce under certain circumstances linked to maintenance orders, as reported by LiveLaw.
Bench’s Observations
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi refused to entertain the petition, observing that the Constitution allows special legal protections for women. The bench noted that Article 15(3) of the Constitution specifically empowers the State to make special provisions for women, thereby justifying the gender-specific nature of the provision.
“You should have the Constitution amended. This is a special law,” Justice Bagchi remarked, referring to the constitutional protection granted to women-centric legislation.
Petitioner’s Argument and Court’s Response
The petitioner, appearing in person, argued that Section 13(2)(iii) of the Hindu Marriage Act, 1955 should be gender-neutral and available to both men and women. However, the Supreme Court questioned the basis of the challenge and observed that the plea appeared to stem from the petitioner’s personal matrimonial dispute rather than a genuine constitutional challenge.
The court also warned against using Article 32 jurisdiction to settle personal grievances. “Don’t settle personal vendettas through Article 32,” the CJI said. CJI Surya Kant further told the petitioner that while the court may sympathise with his personal situation, it also had sympathy for his estranged wife. The bench noted that filing such pleas does not send a good message, particularly when the petitioner himself was pursuing legal studies.
What is Section 13(2) of the Hindu Marriage Act, 1955?
Section 13(2) of the Hindu Marriage Act, 1955 provides certain additional grounds exclusively available to wives for seeking divorce from their husbands. Unlike the general divorce grounds under Section 13(1), this provision was introduced as a protective measure recognizing the social and legal vulnerabilities faced by women in matrimonial relationships.
Under Section 13(2), a wife can seek divorce if:
- The husband has married again before the commencement of the Act or has another living wife.
- The husband is guilty of offences such as rape, sodomy, or bestiality.
- There has been no resumption of cohabitation after a maintenance decree.
- Her marriage was solemnized before she attained the age of fifteen years and she repudiates it after turning fifteen but before attaining the age of eighteen.
The court eventually dismissed the PIL without issuing notice.
