The court rules irretrievable breakdown of marriage constitutes cruelty under the Hindu Marriage Act, setting a significant precedent.
In a landmark judgment, the Calcutta High Court has granted a divorce to Sri Sanjib Tarafdar on the grounds of cruelty arising from the irretrievable breakdown of his marriage with Smt. Mausumi Tarafdar. The division bench, comprising Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, overturned an earlier judgment by the Tenth Court at Alipore, which had dismissed Mr. Tarafdar's plea for divorce.
The couple, who married in January 2007, separated just two months later in March 2007. Despite being apart for nearly two decades, no attempts were made by either party to reconcile, a fact heavily underscored in the court's decision. The court found that the continued facade of a marital relationship, which has long ceased to exist in reality, imposed a form of cruelty on both parties.
Citing the Supreme Court's precedent in the case of Rakesh Raman v. Kavita, the bench determined that the irretrievable breakdown of a marriage, though not explicitly a ground for divorce under the Hindu Marriage Act, can be equated with cruelty. This interpretation aligns with the apex court's view that maintaining such a broken relationship constitutes cruelty, thereby providing sufficient grounds for divorce under Section 13(1)(i-a) of the Act.
The court noted that the parties had lived together as a couple for only two months and had been separated for approximately 19 years, during which time there were no efforts to resume their conjugal life. The bench also highlighted the absence of children from the marriage, further supporting its conclusion that the marriage had become a "mere deadwood."
While granting the divorce, the court acknowledged the respondent's right to apply for permanent alimony under Section 25 of the Hindu Marriage Act. The trial court has been directed to adjudicate any such application in accordance with the law, ensuring both parties have ample opportunity to present their cases.
This decision marks a significant step in Indian matrimonial law, reaffirming the judiciary's role in interpreting existing legal frameworks to address evolving societal norms and issues. It emphasizes the importance of recognizing the emotional and psychological impact of maintaining a legally bound relationship that is, in essence, non-existent.
Bottom line:-
Irretrievable breakdown of marriage amounts to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and can be a ground for divorce.
Statutory provision(s):
Hindu Marriage Act, 1955 Section 13(1)(i-a), Hindu Marriage Act, 1955 Section 25, Code of Civil Procedure Order XLI Rule 27.
Sri Sanjib Tarafdar v. Smt. Mausumi Tarafdar, (Calcutta)(DB) : Law Finder Doc id # 2946887
