Source: Allahabad High Court  

Why in News? 

The Allahabad High Court recently ruled that Hindu marriages, is based on sacramental principles, cannot be dissolved like contracts. This decision came while allowing a woman's appeal against a family court's ruling that had dissolved her marriage based solely on her husband's request.  

• The court observed that a Hindu marriage can only be declared void under specific conditions, the need for substantial evidence in cases of impotency. 

What was the Background of  X v. Y? 

• A couple married in 2006 under Hindu marriage laws. 
• The husband, an Indian Army employee, filed for divorce in 2008, alleging desertion by his wife in 2007 and claiming she was infertile. 
• Initially, the wife filed a written statement in 2008 consenting to the divorce. 
• The case was referred to mediation, which concluded on 25th April, 2008. 
• In 2010, the wife filed a second written statement contesting the divorce and challenging the infertility claim.  
  • She presented evidence of having given birth to two children, in 2008 and 2010. 
• The husband objected to the filing of the second written statement. 
• A second mediation attempt was made in August 2010, which failed. 
• In March 2011, the family court allowed the husband's objection and refused to consider the wife's second written statement. 
• On the same day, the family court heard the case on its merits and granted the husband's divorce petition. 
• Evidence on record indicated that the couple had attempted reconciliation through army authorities in November 2009, agreeing to cohabit and revive their matrimonial relationship.  
• The wife challenged the family court's decision by filing an appeal in the High Court. 

What were the Court’s Observations? 

• The Court held that the trial court erred by relying solely on the initial Written Statement and consent given by the appellant (wife) in 2008, while disregarding subsequent material developments in the case. 
  • The Court opined that the trial court should have examined whether the appellant's consent to divorce persisted at the time of decree, as mutual consent is a jurisdictional fact in divorce proceedings under Section 13-B of the Hindu Marriage Act. 
  • The Court set aside the impugned judgment and remanded the matter to the trial court for reconsideration as per law. 
• The Court observed that once the appellant had withdrawn her consent and this fact was on record, it was not open to the trial court to act on the withdrawn consent belatedly, especially after a lapse of three years. 
• The Court emphasized that in matters of Hindu marriage, which is considered a sacrament, dissolution should not be treated as a mere contractual termination and should only be granted in limited circumstances prescribed by law. 
• The Court ruled that the trial court had the discretion under Order VIII Rule 9 of the Civil Procedure Code, to allow a subsequent pleading or seek an additional statement to examine changed circumstances, particularly given the protracted nature of the proceedings. 

Whether Hindu Marriage is a Contract or Not?  

• Hindu marriage is considered a sacred union, not merely a civil contract. 
• The Hindu Marriage Act of 1955 recognizes marriage as a sacrament rather than a contractual agreement. 
• Unlike contracts, Hindu marriages cannot be dissolved simply by mutual consent (as per Section 10 of Indian Contract Act 1872) of the parties involved. 
• Divorce in Hindu marriages is only allowed under specific grounds, not by treating it as a breakable contract. 
• The sacred nature of Hindu marriage imposes certain duties and obligations that go beyond typical contractual relationships. 
• Hindu marriage considered as a lifelong commitment with religious and social significance beyond just a legal arrangement. 
• The concept of marriage as sacrament in Hinduism states that its permanence and indissolubility. 
• Hindu marriages cannot be treated as dissolvable contracts. 
• The non-contractual view of Hindu marriage reflects traditional religious and cultural values. 

The Sacramental Nature of Hindu Marriage 

• Hindu marriage, as per ancient Vedas and Shastras, is primarily considered a sacrament, characterized by its religious and holy nature, necessitating the performance of specific religious ceremonies and rites for its validity. 
• The sacramental nature of Hindu marriage is legally recognized to possess three key characteristics:  
  • Permanence: The union is considered unbreakable once solemnized.  
  • Eternality: The marriage is believed to transcend the current life and extend into future lives.  
  • Sanctity: The performance of religious ceremonies is essential for its completion. 
  • The concept of wife as 'Ardhangini' (half of man) is legally acknowledged, implying that a man is considered incomplete until he marries, as per the Satpatha Brahmana. 
• In Shivanandy v. Bhagavathyamma,1961 the court held that a Hindu marriage, performed through saptapadi before the sacred fire, creates a religious tie that is legally indissoluble. 
• Hindu law recognizes marriage as obligatory for the discharge of ancestral debts and the performance of religious and spiritual duties, particularly through the begetting of a son. 
• The legal validity of a Hindu marriage is contingent upon the performance of certain essential rites and ceremonies, such as Homa and Kanyadan, which must be conducted in the presence of a Brahmin with the chanting of mantras. 
• As established in Piya Bala Ghosh v. Suresh Chandra Ghosh,1971 the performance of Homa and Saptapadi are considered essential rites for a valid Hindu marriage, and failure to perform these may render the marriage legally questionable. 
• While the Hindu Marriage Act, 1955 incorporates certain contractual elements, it does not entirely negate the sacramental nature of Hindu marriage, resulting in a hybrid legal concept that combines both sacramental and contractual aspects.