Irretrievable Breakdown Of Marriage Not A Ground For Granting Divorce: Delhi High Court Cites Birth Of Child As Evidence Of Conjugal Relations
The Delhi High Court has invalidated a family court's ruling holding that granting divorce based on the grounds of cruelty and the irretrievable breakdown of marriage is not legally sustainable under the Hindu Marriage Act. The family court's decision to grant a divorce, based on allegations of cruelty and the marriage being beyond repair, was challenged by the husband. The family court had concluded that there was a denial of conjugal relations and that the parties had lived separately for over 11 years.
A Division Bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan held that “The allegations of the Respondent of desertion have been held to be not proved. Divorce has been granted solely on the ground of denial of conjugal relationship. Same stands falsified on account of birth of a girl child.”
Advocate Lohit Ganguly appeared for the Appellant and Advocate D.K. Pandey appeared for the Respondent.
The Delhi High Court found that the allegations of denial of conjugal rights were unsubstantiated and that it was the husband and his father who had refused to reconcile with the wife and her daughter. The Court further noted, “He has alleged that he was allowed by the Appellant only 30-35 times (approximately) to enjoy conjugal relations since their marriage. This clearly shows that there was never any complete denial. 18. Further it may be noticed that a girl child has been born to the parties on 07.01.2017 and as per the Respondent she left her matrimonial home on 28.01.2017. The fact that a girl child has been born to the parties clearly shows that the allegation that Respondent had been denied conjugal relations is incorrect.”
The Court also referred to the Supreme Court's ruling in N G Dastane (Dr) v. S Dastane, which held that the conception of a child cannot be considered a single act of conjugal relationship. It would, in fact, be seen as condoning prior actions, even if there had been a denial of conjugal relations.
Citing a Constitution bench judgment from the Supreme Court in the case of 'Shilpa Sailesh Versus Varun Sreenivasan' (2023), the Court emphasized that the authority to grant divorce on the basis of the irretrievable breakdown of marriage is vested solely in the Supreme Court under Article 142 of the Indian Constitution, as a measure to ensure complete justice for both parties. Such authority is not granted to the High Courts, let alone Family Courts.
Regarding the concept of the breakdown of marriage, the Court held, “First of all that is not a ground for grant of divorce under the Act. Secondly, Appellant is clearly not at fault and it is the respondent who is at fault. Thirdly, as held by the Supreme Court in Chetan Dass (supra) respondent should not be allowed to take advantage of his own wrong.”
The Court concluded that the Family Court had exceeded its authority in granting divorce in this case. The Court said that even when the Supreme Court exercises discretionary powers under Article 142 of the Constitution, it considers various factors and the duration of separation is just one of them.
Accordingly, the Court dismissed the divorce petition and allowed the appeal.
Cause Title: Deepti v. Anil Kumar, [2023:DHC:6803-DB]
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