Divorce is defined as dissolution of marriage under the Hindu Marriage Act, 1955. However this concept was not popular in ancient times as marriage was considered a sacred union of two people. According to Manu marriage is an inseparable bond between husband and wife which can never be broken. But later the concept of divorce came and since it is a sacrament, it can only be permitted for a very grave and serious reason.
As per Hindu Marriage Act, there are various grounds of divorce such as, unsoundness of mind, adultery, conversion, desertion , cruelty, etc.
Cruelty can be physical or mental. Recently Delhi High Court upheld the decision of a family high court made in the case of Anju v. Sandeep.
It held that if a wife charges the family of husband with false accusations of rape and dowry, it amounts to extreme cruelty and husband is entitled for divorce.
The facts of the case includes that both the parties have been married since 2012 and have been living separately since 2014. The husband contended that the wife didn’t allow the consummation of marriage. She filed an FIR in 2014 in which she had accused her brother in law of rape and family for harassment for dowry and physical torture. She also claimed that she was harassed by her mother in law and treated as a servant. The court had acquitted her family and brother in law. The Court also found that the matter was soon settled where she wrote an apology letter to the family.
Since both of them have been living separately for more than 8 years, the family Court opined that the husband is entitled for divorce. She moved to the High Court against this order.
The High Court with reference to Mrs. Rita Nijhawan v. Mr. Bal Kishan Nijhawan, said that cohabitation is an essential element for carrying out marital relations. It further said that the wife had no issue with family but adjustment issues with her husband. The Court cannot oversee the serious allegation not only of dowry but also rape. Hence it upheld the decision of family Court. It amounts to mental cruelty and the husband can seek divorce.
Written by -Tannu, College- Maharshi Dayanand University, Rohtak, Semester – 3,an intern under Legal Vidhiya
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