Court rules loss of interest in marriage not a ground for divorce

Loss of interest in marriage: No ground for divorce

The Story in Brief

A man from Mysuru, Karnataka told the family court that after 21 years of marriage he had lost interest in the relationship and sought a divorce. The couple had an inter‑caste love marriage – she was of Brahmin caste and he was not – and they have a daughter who is now almost a major. The husband filed M.C.No.381/2019 under Section 13(1A) of the Hindu Marriage Act, saying they lived separately in Mysuru, that he made multiple requests for her to resume conjugal life and she did not respond. The family court found that the allegation of cruelty under Section 13(1)(ia) was not proved; during cross‑examination the husband admitted he had not resumed marital life because he had “no interest”.

He appealed to the Karnataka High Court, where a division bench of Justices D K Singh and T M Nadaf dismissed the appeal. The High Court said marriage under Hindu law is a sacrament and not a contract, and held that one spouse cannot walk away on the ground of being left with “no interest”. The bench concluded the husband was seeking to take advantage of his own wrong and found no reason to interfere with the family court’s judgement and decree.

The Indian Opinion

Headlines that reduce this dispute to a phrase such as “loss of interest” risk oversimplifying complex private relations. The courts relied on evidence in court: the family court found cruelty unproved, and the husband’s own admission that he had not resumed marital life was a material factor. The High Court framed its decision in terms of Hindu law’s treatment of marriage as a sacrament, which is a legal and cultural principle rather than a factual finding about daily life in this household. Given the limited public record, ordinary readers should recognise uncertainty about efforts made behind closed doors and accept that the judiciary weighed the available evidence rather than a sensational soundbite.


Original article: Loss of interest in marriage: No ground for divorce (economictimes.indiatimes.com)

This story was summarised and commented on by AI from the source linked above.

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