SANKALP SINGH Vs. PRARTHANA CHANDRA

JUDGEMENT

(1.) Marriage under Hindu Law is sacramental. The reforms in Hindu Personal Law have a history of more than 180 years starting from the initiatives taken by Raja Ram Mohan Roy. There were various enactments to reform the law relating to marriages and divorce amongst Hindus. Post independence a Hindu Code was drawn up which resulted in different legislations relating to personal laws. Thus, The Hindu Marriage Act, 1955 (hereinafter referred to as the 'said Act') is an Act to amend and codify the law relating to marriages among Hindus.

(2.) Section 13 of the said Act sets out the grounds on which a marriage can be dissolved by a decree of divorce like cruelty, desertion, insanity, etc. However, for presentation of a petition for divorce, the causes given under Section 13 of the said Act were restricted by a requirement of a minimum period of subsistence of the marriage in view of Section 14 of the said Act.

(3.) Section 13 of the said Act is based on a fault theory (i.e., the opposite party must have been at fault on account of any of the grounds set out in the said Act and no party can take advantage of its own wrong). Act 68 of 1976 effective 27.5.1976 sought to carve out another line of divorce by bringing in the concept of mutual consent introducing Section 13B. The scheme of this Section provided for a petition to be presented satisfying three grounds: