Divorce Denied : Marriage Breakdown Not Grounds for Divorce Under Hindu Marriage Act: Himachal Pradesh High Court

In a recent judgment, the Himachal Pradesh High Court upheld the decision of the Trial Court, dismissing a divorce petition filed by an appellant seeking a divorce on grounds of cruelty and desertion. The High Court's ruling emphasized that marriage breakdown alone is not a valid ground for divorce under the Hindu Marriage Act.

The appellant had contended that the respondent, his wife, had deserted him without reasonable cause and had treated him with cruelty. However, the Trial Court had found in favor of the respondent, and the appellant challenged this decision in the High Court.

One of the key points of contention in the case was the clubbing of issues by the Trial Court, which the High Court deemed not erroneous. The judgment cited a precedent to support this, stating, "It was laid down by the Hon'ble High Court in Hiru vs. Mansa Ram 2003 (1) Curr. L.J. 133 that the judgment of the Court is not bad simply because issues were taken together for discussion."

The High Court also highlighted the evidence that showed the wife was left in her parental home when she was ill, and efforts to bring her back to the matrimonial home were resisted by the appellant and his family. This fact played a significant role in the High Court's decision to dismiss the appeal.

Furthermore, the High Court reiterated that the power to dissolve a marriage on the ground of irretrievable breakdown is vested in the Supreme Court under Article 142 of the Constitution. This power is not available to other courts, including the High Court.

Himachal Pradesh High Court's judgment reaffirmed that marriage breakdown alone does not constitute valid grounds for divorce under the Hindu Marriage Act and that the power to grant divorce on the ground of irretrievable breakdown rests with the Supreme Court.

Date of Decision: 16 October 2023.

Neeraj Guleria   vs Sonia