Bengaluru, July 20, 2026: The Karnataka High Court has ruled that a Hindu marriage is a sacrament and not a contract, observing that a husband cannot seek divorce merely because he has lost interest in continuing the relationship.
Dismissing a husband's appeal for divorce, the court said marriage under Hindu law is meant to be a lifelong bond and one party cannot simply walk away after deciding they no longer wish to remain married.
A Division Bench of Justices DK Singh and TM Nadaf made the observations while rejecting an appeal filed under the Hindu Marriage Act, 1955, challenging the order of the Additional Principal Judge, Family Court, Mysuru.
The Family Court had earlier dismissed the husband's divorce petition and allowed the wife's plea for restitution of conjugal rights under Section 9 of the Act, Live Law and Bar & Bench reported.
Court Rejects Husband's Argument
The High Court noted that the couple had entered into an inter-caste love marriage on Dec. 15, 2003, and have a daughter who is now almost a major. The case reached the High Court after nearly 21 years of marriage and followed an earlier round of litigation in 2019.
In the earlier proceedings, the husband had sought divorce while the wife filed a petition seeking restitution of conjugal rights. Both petitions were heard together, with the Family Court rejecting the husband's plea and directing restitution of conjugal rights in favour of the wife.
The husband later approached the court again under Section 13(1A) of the Hindu Marriage Act, arguing that the parties had not resumed cohabitation despite the restitution decree. He claimed he had made efforts to persuade his wife to return, but the marriage had irretrievably broken down.
His counsel also argued before the High Court that the marriage had become dead for all practical purposes and that the husband no longer had any interest in continuing the relationship.
The wife, however, denied allegations of cruelty or incompatibility. She told the court that she had cared for both her husband and his parents and had never demanded a separate residence.
She explained that the couple stayed on the first floor of the family home based on her in-laws' advice, which was connected to religious practices followed by her Brahmin family. She also denied ever quarrelling with her husband or his family.
Bench Upholds Family Court Order
The Family Court had already found that the husband failed to establish cruelty under Section 13(1)(ia) of the Hindu Marriage Act. It also relied on the husband's admission during cross-examination that he had not resumed marital life simply because he was "not interested" in doing so.
Agreeing with the Family Court, the High Court observed that the husband was attempting to take advantage of his own wrong. The Bench pointed out that the man had married the respondent out of love, fathered a daughter who is now almost an adult, and later approached the court only because he had lost interest in the marriage.
"The marriage under the Hindu Law is a sacrament and it is not a contract. Once the parties are married, the marriage is for life and one person cannot walk away from the marriage on the ground that he/she is left with no interest in the marriage with the other party," the Bench observed.
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Finding no reason to interfere with the Family Court's judgment, the High Court dismissed the appeal. The judgment has been reported as 2026 LiveLaw (Kar) 256. Advocate Belle R appeared for the husband.
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