The court emphasizes that marriage under Hindu law is a sacrament, not a contract, and cannot be dissolved merely on the grounds of losing interest.
In a significant ruling, the Karnataka High Court dismissed an appeal by Sri Manjukiran seeking a decree of divorce from his wife, Smt. Bindu M B, citing irretrievable breakdown of their marriage. The Division Bench, comprising Mr. D K Singh and Mr. T.M. Nadaf, upheld the sanctity of marriage under Hindu law, emphasizing its nature as a sacrament rather than a mere contract.
The appellant, Sri Manjukiran, had appealed against the decision of the Family Court, Mysuru, which had rejected his plea for divorce and allowed the petition filed by his wife for restitution of conjugal rights. The marriage, a love and inter-caste union, has lasted over two decades, during which the couple had a daughter who is now nearing adulthood.
Sri Manjukiran argued that the marriage had irretrievably broken down as the couple had been living separately, and his efforts to reconcile with his wife had been unsuccessful. However, the respondent, Smt. Bindu, countered these claims, stating that she had always been a devoted wife, and had no issues with living arrangements or family dynamics.
The High Court, after reviewing the case, noted that the appellant had admitted in cross-examination that he was uninterested in resuming marital life. The bench reiterated the principle that marriage under Hindu law is a lifelong commitment, and one party cannot unilaterally decide to end it based solely on a lack of interest.
The court's judgment underscores the perspective that marriage involves enduring commitments and responsibilities, and mere disinterest does not justify dissolution. The appeal was dismissed, and any pending interim applications were disposed of accordingly.
Bottom line:-
Hindu Marriage Act, 1955 - Decree of divorce cannot be granted merely on the ground that one party has lost interest in the marriage; marriage under Hindu Law is a sacrament and not a contract.
Statutory provision(s): Hindu Marriage Act, 1955, Section 13(1A), Family Courts Act, 1984, Section 19(1)
Sri Manjukiran v. Smt. Bindu M B, (Karnataka)(DB) : Law Finder Doc id # 2943823
