Court rules that customs like "Nata marriage" cannot override statutory provisions prohibiting bigamy under the Hindu Marriage Act, 1955.
In a significant ruling, the Rajasthan High Court dismissed an appeal filed by Laxmilal, who sought a divorce from his legally wedded wife, Parwati, on grounds of cruelty and desertion. The Court's decision reaffirmed that the Hindu Marriage Act, 1955, prohibits bigamy, and local customs such as "Nata marriage" cannot be used to circumvent this statutory prohibition.
The case originated from a petition filed by Laxmilal in the Family Court, Rajsamand, seeking dissolution of his marriage to Parwati, which was solemnized in 1992. After alleged marital discord, Laxmilal entered into a "Nata marriage" with another woman, Krishna, in 1997, during the subsistence of his first marriage. The Family Court had dismissed his divorce petition, prompting the appeal to the High Court.
The appellant argued that the respondent, Parwati, had falsely accused him of dowry harassment, which the police investigation found to be unsubstantiated. However, the High Court noted that the appellant's own conduct, specifically his bigamous marriage to Krishna, was the primary cause of the matrimonial breakdown.
The Court emphasized that under the Hindu Marriage Act, bigamy is void, and customs like "Nata marriage" do not provide legal cover for such acts. The judgment highlighted the appellant's failure to establish the grounds of cruelty and desertion, observing that his second marriage, without the dissolution of the first, was itself a grave matrimonial wrong.
Furthermore, the Court underscored that a decree of divorce is an equitable relief, not a right, and must be sought with clean hands. The appellant's actions, which included living openly with the second wife and having children with her, were in direct violation of the principles enshrined in matrimonial law.
In an epilogue to the judgment, the Court expressed concerns about the societal impact of the "Nata marriage" custom, noting its potential to harm women's rights and contravene constitutional guarantees of equality and dignity. The Court called for the unequivocal disapproval of such practices, reaffirming the supremacy of statutory law over customary practices that undermine gender justice.
The appeal was dismissed, with the High Court upholding the Family Court's judgment, thereby reinforcing the legal framework that governs Hindu marriages in India.
Bottom line:-
Hindu Marriage Act does not permit bigamy under the guise of local customs like "Nata marriage." A spouse who enters a second marriage during the subsistence of the first marriage cannot seek a decree of divorce on grounds of cruelty or desertion, as their own conduct constitutes a violation of the Act.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 5(i), 11, 13(1)(ia), 29(2); Indian Penal Code Sections 498A, 406, 494, 323.
Laxmilal v. Parwati, (Rajasthan)(DB) : Law Finder Doc id # 2901050
