RUP JYOTI DAS Vs. BERON SAIKIA

JUDGEMENT

(1.) Issue in lis : Whether the marriage solemnized between the appellant, Smt. Rupjyoti Das and the respondent Sri Beron Saikia under Hindu rites and rituals can be dissolved by a decree of divorce on being sought by the appellant on the ground of Cruelty and Desertion as embodied in Section 13(1)(ia) and (ib) respectively under the Hindu Marriage Act, 1955 (for short, 'the Act'). Tenets of Hindu Marriage and Divorce :

(2.) It is considered that the judgment would be benefited if purity and sanctity of the institution of marriage vis-a-vis scope of divorce as mandated under old Hindu Law is highlighted herein and the same is accordingly discussed. (i) Ancient Textual concepts :

(3.) In Manusmriti, IX, P. 64-68, Manu declared that due performance of religious rites, faithfully worship, performance yagnas, highest conjugal happiness and heavenly bliss for ancestors and oneself all depend upon the wife. Hence wife is not just patni (wife) but dharmapatni (partner) in performance of duties, spiritual, religious and others inasmuch as among Hindus there are many yagnas i.e. religious and spiritual sacrifices, rites and ceremonies, which a man without wife cannot perform. Dictate of Vedas is that marriage is a union of 'bones with bones, flesh with flesh and skin with skin, the husband and wife as if they were one person'. In the Dharmashastras, the husband is referred to several designations as he is known as bhartri because he is to support his wife, he is known as pati because he is to protect her. Similarly the wife has several names. She is called jaya because one's ownself is begotten on her. She is grihini, the lady of the house, so sachive, wise counseller; sakhi, confidante; she is the dearest disciple of her husband in his persuits (Dr. Paras Dwan's Hindu Law, Ist Edition, 1995, p. 470). Manusmriti-V 147-54 has ordained that the husband must be obeyed as long as he lives and the wife should remain faithful to his memory after his death.