Source: Allahabad High Court

Why in News?

Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad observed that a marriage cannot be treated as cruelty just because of small disputes or incidents between parties, Section 13A of Hindu Marriage Act, 1955 (HMA) can be taken into consideration in such cases.

• The Allahabad High Court gave this judgment in the case of Rohit Chaturvedi v. Smt Neha Chaturvedi.

What is the Background of Rohit Chaturvedi v. Smt Neha Chaturvedi Case?

• The parties got married in 2013 and blamed each other for non-consummation of their marriage. They cohabited till July 2014 and after that are living separately.
• The appellant/ plaintiff husband sought divorce alleging cruelty on refusal to consummate the marriage by the wife.
• Allegations were made on the basis of misbehavior of wife with the parents of the appellant who also assaulted them. She had instigated a mob to chase and assault the appellant accusing him to be a thief.
• She had lodged a criminal case alleging demand of dowry also.
• On the other hand, the respondent-wife alleged on the basis of illicit relationship of husband with his sister-in-law.
• Additional Principal Judge, Family Court, Court No.2, Ghaziabad observed that it was the case of the parties that the marriage between them was consummated, blame could not be placed on the respondent.
• The respondent-wife had tried to meet the appellant-husband; however, she was prevented from meeting him. An incident regarding the mob chasing the appellant-husband at the behest of respondent-wife was disputed.
• The Additional Principal Judge, Family Court, Court No.2, Ghaziabad dismissed divorce case proceeding instituted by the appellant, under Section 13 of HMA and the same was challenged before the High Court.

What was the Court’s Observation?

• Learned court below has erred in not considering the grant of alternative relief in terms of Section 13A of the HMA.

What is Section 13 and Section 13A of the Hindu Marriage Act, 1955?

• Section 13: Divorce:

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(ii) has ceased to be a Hindu by conversion to another religion; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

• Section 13A: Alternate Relief in Divorce Proceedings:
  • In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.