Daijiworld Media Network – Bengaluru
Bengaluru, Jul 22: The Karnataka high court has ruled that a person cannot seek divorce merely because he or she has lost interest in their spouse, observing that a marriage under the Hindu Marriage Act is a sacred religious bond and a sacrament, not a contractual arrangement.
The court rejected the divorce plea filed by a 49-year-old man who had sought a decree under Section 19(1) of the Family Courts Act, 1984, after his request was dismissed by the additional principal judge of the Family Court in Mysuru on March 6, 2026.
The husband had challenged the order through a miscellaneous first appeal (MFA). A Division Bench headed by Justice D K Singh dismissed the appeal, observing that the couple had entered into a love marriage and have a daughter who is pursuing her degree studies.
The Bench said the husband was attempting to take advantage of his own conduct by claiming that he had lost interest in the marriage.
"After marriage, both partners are required to lead their lives together. One cannot withdraw from the marital relationship merely because one spouse is no longer interested in the other. Therefore, there is no reason to interfere with the order passed by the Family Court," the court observed.
The High Court emphasised that marriage under Hindu law is not a contract that can be ended simply due to changing personal preferences or loss of interest in a spouse.
Divorce plea rejected after failed reconciliation efforts
The couple married on December 15, 2003, and theirs was an inter-caste marriage. Following the first round of litigation in 2019, the husband approached the court seeking divorce.
The wife, meanwhile, filed a petition under Section 9 of the Hindu Marriage Act seeking restoration of conjugal rights.
The Family Court combined both petitions for hearing, allowed the wife's plea for restoration of marital rights and rejected the husband's divorce petition.
The husband later filed another petition under Section 13(1A) of the Hindu Marriage Act, arguing that despite the order for restoration of conjugal rights, the wife had not resumed cohabitation.
He claimed that all attempts at reconciliation and efforts made to revive the relationship had failed, and that the marriage had broken down. Based on these grounds, he sought a divorce decree.
However, the Karnataka high court upheld the Family Court's order, holding that a mere loss of interest in a spouse cannot be a reason to dissolve a marriage.