Bengaluru: In a significant ruling on matrimonial law, the Karnataka High Court has observed that a Hindu marriage is not merely a contract but a sacred sacrament that carries lifelong obligations. The court held that a spouse cannot walk away from a marriage solely on the ground that he or she has lost interest in continuing the relationship, and dismissed a husband’s appeal seeking divorce.
A Division Bench comprising Justice D.K. Singh and Justice T.M. Nadaf upheld the order of the Mysuru Family Court, which had rejected the husband’s divorce petition while allowing the wife’s plea for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.
The couple had entered into an inter-caste love marriage on December 15, 2003. Nearly 21 years later, marital differences led to legal proceedings. They have a daughter who is now almost an adult.
The husband had initially sought divorce, while the wife filed a petition seeking restoration of conjugal rights. The Family Court dismissed the divorce petition and directed restoration of the marital relationship.
The husband later filed another petition under Section 13(1A) of the Hindu Marriage Act, contending that although a decree for restitution of conjugal rights had been passed, the couple had not resumed cohabitation for more than a year. He argued that the marriage had irretrievably broken down and that the wife had made no effort to return despite repeated requests.
The wife, however, denied the allegations and told the court that she had always respected her husband and in-laws, followed family customs, and had never insisted on a separate residence or quarrelled with the family.
The High Court noted that the husband’s allegations of cruelty had not been proved before the Family Court. It also observed that during the proceedings, the husband admitted he had not resumed cohabitation because he was no longer interested in the marriage.
Referring to this admission, the Bench held that a unilateral loss of interest cannot constitute a valid ground for divorce. Reiterating that Hindu marriage is a sacred institution governed by legal and social obligations, the court dismissed the appeal and upheld the Family Court’s order.
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