PRAYAGRAJ: Emphasising the need to amend grounds for divorce under Hindu Marriage Act considering present day dynamics of relationships, Allahabad HC held that irretrievable breakdown of marriage must be made a ground for divorce.
The court asked Union ministry of law and justice and law commission to consider the matter, in view of observations made by SC as well in a judgment last year.
Allowing an appeal moved by a doctor challenging an order of Moradabad family court, which rejected his divorce petition, a division bench comprising of justices Vivek Kumar Birla and Donadi Ramesh observed: “When Hindu Marriage Act was enacted in 1955, sentiments and respect attached to matrimonial ties were different and the manner in which marriages are taking place now was unheard of in those days.”
The bench cited “education, financial independence, breaking of caste barriers, modernisation and effect of western culture” as reasons for such change.
The appellant, who served in the Army for about 30 years, sought divorce from his wife, also a doctor, on grounds of desertion and cruelty. The couple got married in 2007, and the wife allegedly deserted the appellant six years before he filed the divorce petition in 2015
The bench, in its order, said since the wife had been staying away from husband, it showed she was not interested in continuing with the marriage, and hence divorce could be granted.
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