Recently, the Madhya Pradesh High Court granted divorce on the grounds of irretrievable breakdown of marriage, holding that prolonged separation and impossibility of resumption of marital life justified dissolution. The Court emphasized that denying divorce in such circumstances would perpetuate mental anguish and hardship for the parties, amounting to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
The appellant approached the Court seeking dissolution of his marriage with the respondent, solemnized in 1998, citing continuous mental harassment and abnormal behavior on the part of the respondent. According to the appellant, the respondent exhibited erratic conduct, neglected household responsibilities, and treated family members, including their child, cruelly. Medical records indicated that the respondent suffered from psychiatric issues, and her presence was described as a threat to the family’s well-being. The couple had been living separately for over two decades, and reconciliation was deemed impossible.
The appellant, through counsel, argued that the trial court erred in dismissing the petition for divorce despite clear evidence of mental cruelty and incurable mental illness of the respondent. Witnesses and medical professionals were examined to support the claims of abnormal conduct. The appellant relied on judgments from various High Courts and the Supreme Court highlighting that courts may grant divorce where marriage has irretrievably broken down, especially when continued marital ties serve no constructive purpose.
The respondent, who failed to appear in the appellate proceedings, had previously alleged cruelty from the appellant and his family, claiming harassment for dowry and physical abuse. However, the Court proceeded ex parte due to her non-appearance.
The Bench of the Madhya Pradesh High Court noted that while fault-based grounds for divorce exist under the Hindu Marriage Act, prolonged separation and complete breakdown of marriage may justify judicial intervention, noted that, "When there is complete breakdown of marriage and there is impossibility of resumption of married life between the parties, then Court cannot close its eyes to said fact and enhance the pain of parties in not granting them divorce".
The Court referred to the inherent powers under Section 482 of the CrPC and Section 151 of the CPC, emphasizing that courts can act to secure ends of justice and prevent abuse of process. Justice noted that refusal to grant divorce in cases of long-term separation only prolongs the suffering of parties, allowing continued cruelty by omission. Further, the Court observed "Not granting divorce to a party will mean that they are stopped at a particular stage of life and are not permitted to proceed further to settle themselves in their life in pursuit of peace and happiness. They are forced to live life denying marital happiness to them or to deny them to live their life solitarily in peace and happiness ".
The Court drew references from Apex Court precedents where divorce was granted despite the absence of specific fault, recognizing that public interest and individual well-being demand acknowledgment of irretrievable marital breakdown. The Bench stressed that granting divorce under such circumstances does not depart from law but upholds the substantive rights and happiness of the parties.
The High Court allowed the appeal and dissolved the marriage solemnized in 1998 between the appellant and respondent, granting divorce based on irretrievable breakdown of marital life and long-term separation, thereby closing the chapter on the prolonged marital dispute.
Case Title: Dilip Kumar Vs. Shrimati Chetna
Case No.: First Appeal No. - 527 Of 2006
Coram: Justice Vishal Dhagat
Advocate for Petitioner: Adv. Avinash Zargar
Advocate for Respondent: None
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