In a recent ruling, an Ahmedabad sessions court intervened in a divorce case, emphasising the sanctity of marriage under Hindu law. Contrary to other belief systems where marriage is seen as a contract, Hindu law regards it as a pious institution, a sacrament not to be dissolved lightly.
The case revolved around a couple from Dhandhuka town, married since 1998 and blessed with three children. Trouble arose when the wife moved back to her parents’ home in 2012, prompting the husband to seek a divorce in 2014. The lower court granted the divorce in 2018 citing cruelty and desertion.
However, the wife appealed the decision, alleging dowry demands, forced gender determination during pregnancy leading to eviction from her marital home upon having a girl child, and coerced sterilisation after the birth of their third child. Despite enduring hardships for her children’s sake, she finally sought legal recourse citing cruelty and dowry demands.
The husband defended his stance, claiming the divorce was warranted due to the wife’s obstinacy. Yet, the sessions court intervened, critiquing the lower court’s haste in granting the divorce based on conjectures. It highlighted evidence of the wife enduring domestic violence, quashing the divorce decree.
The court underscored the importance of reconciliation, especially when children are involved, urging the couple to explore mediation or alternative dispute resolution mechanisms. It reiterated that marriage, in Hindu law, transcends mere contract, emphasising efforts toward reconciliation over hasty dissolution.
With this ruling, the court not only upheld the sanctity of marriage but also emphasised the judiciary’s role in preserving familial bonds, advocating for reconciliation as the cornerstone of resolving marital disputes. For more clarity on Marital laws in India, get in touch with experts from Vakilsearch and avail legal advice.
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