 "Separation not equivalent to divorce in Hindu marriage: Madhya Pradesh HC")
The Madhya Pradesh High Court recently ruled that a separation agreement signed by a married couple holds no legal validity and does not equate to a divorce. Justice Gurpal Singh Ahluwalia made this observation while addressing a petition filed by a husband and his parents seeking the quashing of a case registered based on his wife’s complaint in 2023, according to a report by Bar and Bench. The couple had been married following Hindu rites and customs.
“The parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching the Court. How the Notary could notarise such an agreement, is also a matter of concern,” the Court said.
Even if a divorce had occurred, a first information report (FIR) under Section 498-A of the Indian Penal Code (IPC), related to cruelty against a woman by her husband or his relatives, can still be lodged for acts of cruelty that occurred before the divorce. In this case, since no legal divorce had taken place, the FIR stands.
Background of the case
The wife had filed a police complaint stating that they were married on April 21, 2022, and sufficient dowry was paid at the time. She alleged that soon after the marriage, her husband and in-laws began harassing her over the dowry amount, eventually assaulting her and forcing her to return to her parental home.
The husband sought to quash the case, arguing that their relationship had ended with a separation agreement and claiming that the allegations were general. He also asserted that the wife had undertaken not to pursue any legal action against him.
Court’s verdict
The Court rebutted petitioner’s argument by citing Section 28 of the Contract Act, which renders any contract that prohibits a party from taking legal action void. Referring to Section 41 of the Specific Relief Act, the Court noted that no injunction can prevent a person from seeking legal recourse.
More From This Section
Additionally, the wife’s application under Section 11 of the Hindu Marriage Act to declare the marriage void does not adversely impact the current case; rather, it supports her allegations in the FIR.
Additional allegations
The Court noted specific allegations of cruelty related to dowry demands. Additionally, the husband claimed that the wife had been previously married, presenting a private marriage certificate. However, the Court did not take judicial notice of this document, emphasising its private nature.
The Court rejected the petition, reaffirming the legal standing of the wife’s complaint and the invalidity of the separation agreement as a means of divorce.