Divorce is a legal procedure that cannot hinge on an informal agreement between a husband and wife, the Bombay high court has ruled.
It set aside a decree of divorce passed by the family court on a declaration made by a husband and a wife in black and white to end their marriage.
The case pertains to the divorce granted to Vile Parle couple Amar and Rupa (names changed) by the family court in December 2009. Rupa had challenged the grant of divorce before the high court contending that the family court had not heard her side of the story and passed the decree of divorce.
Amar on the other hand had contended that Rupa had treated him with “cruelty” since their marriage in 1995 and sought a divorce under section 13(1) (1a) of the Hindu Marriage Act, 1955. His contention was that their disputes stemmed from the fact that his wife felt that he was living a luxurious life without the means to afford it.
On June 6, 2001 the couple signed a declaration that they did not wish to live with each other and their marriage stands terminated.
However, the court took note of the fact that the divorce proceeding before the court was ex-parte, as Rupa had never been served any notice by her husband seeking divorce, and she denied having signed the declaration given by him.
“It is surprising that after such a declaration the parties continued to have biological relations and gave birth to two more children,” the judges said and ordered the case to be referred back to the family court for consideration.
