'Denying Divorce in Dead Marriages Traps Couples in Misery': MP High Court Dissolves 1998 Marriage
After 22 years apart, the High Court ended the couple's 1998 marriage, calling denial of divorce a trap in lifelong misery
MP HC Grants Divorce To Couple After 22 Years Long Separation
The Madhya Pradesh High Court at Jabalpur recently granted divorce to a husband, ending his marriage after more than two decades of separation.
"When there is complete breakdown of marriage and there is impossibility of resumption of married life between the parties then Court cannot close its eyes to said fact and enhance the pain of parties in not granting them divorce. Not granting divorce to a party will mean that they are stopped at a particular stage of life and are not permitted to proceed further to settle themselves in their life in pursuit of peace and happiness," court said.
The division bench of Justice Vishal Dhagat and Justice Ramkumar Choubey allowed the first appeal filed by Dilip Kumar under Section 28 of the Hindu Marriage Act, 1955, setting aside a 2006 judgment of the District Judge, Tikamgarh, which had earlier dismissed his petition.
The couple was married on May 31, 1998, in Tikamgarh according to Hindu rites. Within a short time, marital discord emerged. Dilip Kumar alleged that his wife displayed abnormal behavior soon after marriage, including laughing and crying without reason, neglecting household responsibilities, and cruelty towards their child and his mother. He further claimed that she posed a danger to the family, once even beating their son and throwing him to the ground. According to him, she required treatment in Delhi, Lalitpur, and Ghaziabad for psychiatric illness.
On these grounds, Dilip Kumar sought divorce under Section 13(1)(i-a) (cruelty) and Section 13(1)(iii) (mental disorder) of the Hindu Marriage Act. However, the trial court rejected his plea, holding that he had failed to establish incurable mental illness or cruelty severe enough to justify dissolution of marriage.
The wife, Chetna, contesting his claims, alleged that Dilip Kumar and his family harassed her for dowry and demanded Rs. 2 lakhs. She also claimed she was subjected to physical violence by her mother-in-law, leading to depression and mental stress. Her father, she alleged, died of a heart attack in 2000 due to the trauma caused by the husband’s demands.
During the appellate proceedings, the wife stopped appearing before the High Court despite being served notices, leading to the matter proceeding ex parte.
The High Court observed that the husband and wife had been living separately since June 2003 i.e. over 22 years of separation by the time of the judgment in September 2025. The bench noted that the marriage had broken down irretrievably and that there was “no possibility of resumption of marital life.”
While irretrievable breakdown of marriage is not an explicit ground for divorce under the Hindu Marriage Act, the court invoked its inherent powers under Section 151 of the Civil Procedure Code and Section 482 of the Criminal Procedure Code to secure justice. Referring to Supreme Court precedents including Naveen Kohli vs. Neelu Kohli (2006), Ashok Hurra vs. Rupa Bipin Zaveri (1997), and V. Bhagat vs. D. Bhagat (1994), the bench emphasized that prolonging such marriages only adds to the suffering of the parties.
"The High Court has inherent power under Section 482 of the Code of Criminal Procedure to pass necessary order to give effect to orders of the Court or to prevent abuse of process of any Court or to secure the ends of justice. Similarly, section 151 of the Code of Civil Procedure gives inherent powers on Civil Courts to make such orders as may be necessary for ends of justice and to prevent abuse of process of Court," the bench observed.
It concluded that keeping the couple legally tied together served no useful purpose.
Court said in such a matter, if divorce is granted, the court is not departing from substantive law but only acting within four corners of law to subserve interest of justice.
Accordingly, court allowed the husband's appeal and dissolved the marriage dated May 31, 1998.
Case Title: Dilip Kumar vs Chetna
Order Date: September 3, 2025
Bench: Justice Vishal Dhagat and Justice Ramkumar Choubey