Cannot leave wife after rape… Why is this decision of Madhya Pradesh High Court important?

By taking the first seven rounds, a promise is made to stay together for life. But if the husband leaves his wife in difficult times, does not help her and marries another person, will this be considered only as a rift in the relationship or does the law also consider it serious? Madhya Pradesh High Court, while giving a big verdict in one such case, has clearly said that it is cruelty on the part of the husband not to support his wife after she is raped, not to bear her expenses and to marry a second wife while still in her first marriage. The court also said that such situations also fall in the category of desertion i.e. desertion. On this basis, the court rejected the appeal filed by the husband against the divorce order.

This decision is not limited to just the dispute between a husband and wife, but it shows that marriage is not just about living together, but it is also a legal and moral responsibility to support each other in difficult times. If the husband leaves his wife alone in distress, does not support her when she commits violence or crime and marries another person, the court can consider it as marital cruelty. In such a situation, the question also arises that under which circumstances under Indian law, a husband or wife can ask for divorce and which grounds does the court consider sufficient for divorce.

• Not supporting the husband after the rape of his wife was considered mental cruelty.
• Marrying for the second time during the first marriage was considered both cruelty and abandonment.
• The High Court rejected the husband’s appeal and upheld the divorce decision of the Family Court.

What was the whole matter?

In this case, the marriage of husband and wife took place on 21 June 2017 in the Arya Samaj temple. Due to opposition from their families, both of them started living in a rented house. The wife’s allegation was that the husband used to beat her after drinking alcohol and expressed regret about marrying her. Later she returned to her maternal home. During this time, another person raped her. The wife said that she sought help from her husband, but he did not provide any support. Not only this, he left his wife and married another woman while still in his first marriage.

When can one take divorce?

Under Indian law, the decision to dissolve a marriage is based on the circumstances and evidence of each case. According to Section 13 of the Hindu Marriage Act, 1955, a husband or wife can seek divorce in circumstances such as cruelty, desertion (abandonment without reasonable excuse for two years or more), adultery, religious conversion, mental illness. At the same time, the Supreme Court had said in the case of Samar Ghosh vs. Jaya Ghosh (2007) that there cannot be any fixed definition of mental cruelty.

In every case, the court takes a decision considering the behavior of the husband and wife, the circumstances and the available evidence. Citing the same principle, the Madhya Pradesh High Court also held that not supporting a wife after she is raped, not bearing her expenses, marrying a second wife within the first marriage and not trying to restore marital relations fall in the category of both mental cruelty and abandonment.

What did the court say?

The High Court found that the husband did not prove during cross-examination that he had helped the wife after the rape. He could not even give an effective reply to the allegations related to his second marriage. The court said that despite getting the order for restoration of marital rights, the husband did not make any serious effort to live with his wife. Therefore his behavior proves both cruelty and abandonment.

What does the divorce law say?

There are different marital laws for different religions in India. Hindu Marriage Act, 1955 applies for Hindus, Muslim Personal Law for Muslims, Indian Divorce Law Act, 1869 for Christians and Parsi Marriage and Divorce Act applies for the Parsi community. At the same time, Special Marriage Act, 1954 may apply to people of different religions or those marrying under special circumstances. The court decides on divorce based on the relevant law and facts of the case.

5 big rights related to divorce

During divorce, the husband or wife gets many legal rights. These include alimony, custody and visitation rights of children, claims regarding shared property or economic interests (where applicable law), protection from domestic violence and the right to appeal court decisions. The court takes decisions in every case keeping in mind the financial condition of both the parties, the interests of the children and the available evidence.

How does divorce happen by mutual consent?

If both husband and wife agree to end the marriage, they can file a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act. The court ensures that both are getting divorced of their own free will. The Supreme Court has said in several decisions that if the entire possibility of agreement has been exhausted, then in special circumstances the ‘cooling off’ period of six months can also be waived.

Is second marriage a ground for divorce?

If a husband or wife marries a second time without the first marriage being legally dissolved, it can be a strong ground for divorce under the Hindu Marriage Act. Getting a second marriage while the first one is still married is considered illegal by law and can lead to marital cruelty or other legal disputes. For this reason, the Madhya Pradesh High Court in its recent decision considered second marriage during the first marriage as both cruelty and abandonment.