December 29, 2023

Hindu marriage laws and the recognition of marriages of persons with substance abuse issues

This article has been written by Ms. RITU DHINGRA, a 4th year student of DELHI METROPOLITAN EDUCATION, GGSIPU

Abstract

The most significant institution in human society is marriage. It is a universal phenomenon. The foundation of human civilization has come into the picture because of marriage. New social ties and reciprocal rights between spouses are created through marriage. It has been the backbone of human civilisation. Marriage creates new social relationship and reciprocal rights between the spouses. It establishes the rights and the status of the children when they are born. Marriage is one of the deepest and most complex involvements of human relationships. It is a corner stone of a society and very necessary part of the Indian Social System. It leads to the formation of family and procreation of children. Marriage is a latin word which means the connection of two opposite human sexes for the satisfaction of basic needs. Marriage as a social institution establishes a social relationship with the members of two families. It is largely regulated by the norms and values of the groups and society. Every society recognises marriage as a socially accepted universal institution. One of the most profound and intricate human partnerships is marriage. In 1955, the laws governing Hindu marriage were formalised and put into effect.

Introduction 

In India, the apex court has provided the right to life and liberty under Article 21 of the Constitution. This includes the right to get married. However, in order to be married legally, both the bride and groom must complete certain requirements that are laid down by the laws. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter of marriage and divorce. 

The laws governing Hindu marriage, restitution of conjugal rights, judicial separation, divorce, annulment of marriage, maintenance, and guardianship are included in the Hindu Marriage Act, 1955, which was passed by the legislature. The Hindu Marriage Act is an Act of the Indian Parliament that was approved on May 18, 1955. The Hindu Marriage Act, 1955 was passed to protect the legal rights of Hindu brides and grooms who are joined by the holy bond of marriage. The type of ceremony that must take place has not been specified by law because there are numerous methods by which a man and woman can be wed in accordance with Hindu tradition. The Act’s principal goal was to update and codify the law governing marriage between Hindus. The law became uniform for all Hindu groups as a result of this enactment.

Hindu Marriage Act 1955

As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindus and the applicability of such lives in wider Indian society.

The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and children so that they do not suffer from their parental issues. It deals with registration of man & woman belonging to Hindu, Sikh, Buddhist or Jain community. 

A marriage under this act is solemnized if the following conditions are fulfilled:

  • Both the parties to the marriage should be Hindu & must not be married
  • Capable of giving free consent to the marriage
  • Neither of the couple is suffering from any mental disorder which will make them unfit for marriage and procreation of children.
  • The bride must be over the age of 18 and the bridegroom must be over the age of 21 at the time of marriage.
  • The couple should not be in a prohibited relationship unless permitted by the customs.
  • The couple should not be sapindas to one another unless permitted by the customs

Applicability of the Act

The Act is applicable to the following people:

  • Any person who is a Hindu by religion including Virashaiva, Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj.
  • Any person who is a Buddhist, Jaina or Sikh by religion
  • Any other person domiciled in the territories to which the Acts extends who is not a Muslim, Christian, Parsi or Jew by religion.
  • Any child, legitimate or illegitimate, one of whose parents are Hindus, Buddhists, Jaina or Sikhs by religion
  • Any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged.
  • any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

Substance Abuse 

Our intimate relationships are supposed to be safe havens, and our homes places that provide shelter from danger. Yet, being in a relationship with a partner that has an addiction to alcohol or drugs can lead to an unhealthy relationship with emotional stress and abuse. A close relationship with an addicted partner can become a source of chaos, negativity, emotional upheaval, and even violence. Substance abuse can eventually destroy a couple by undermining trust, which weakens the bond between partners. Substance abuse, encompassing problems like drug addiction or alcoholism, can pose unique challenges to marital relationships, testing the limits of understanding and endurance.

It basically refers to harmful use of psychoactive substances, including alcohol and drugs. Excessive use of such substance can lead to heavy addiction which results to mental and physical illness of an individual.

The legal framework for Hindu divorce acknowledges the impact of substance abuse on the stability and well-being of a marriage. It provides a platform for individuals facing such challenges to seek redressal through divorce proceedings. This recognition reflects the evolving nature of family laws, aiming to address the complex dynamics that can arise when one spouse is dealing with issues related to addiction.

Hindu divorce laws outline specific grounds for marital dissolution i.e., divorce. These may include cruelty, adultery, desertion, or mental health issues. Analysing these provisions is crucial in understanding the legal aspect of dissolution of marriages. Substance abuse introduces a unique dimension to marital relationships, contributing to increased instances of domestic discord and breakdown. The legal implications of substance abuse within marriages vary, with the absence of specific provisions addressing these issues directly. 

Under the Hindu marriage act, 1955, section 13(1) talks about nine grounds of divorce. Section 13B talks about divorce by mutual consent, it might be an option to consider if substance abuse has caused irreparable damage to the marriage, and both the parties are willing to end the relationship

Cruelty is a sound ground for divorce. It is important to mention that even in the presence of mental illness, cruelty has been pleaded as a ground for divorce. This is because courts are now recognizing that mental illness is treatable, and most cases have a good outcome and are reluctant in passing a decree of divorce unless there is hard evidence suggesting severe illness with poor functioning. 

Besides, it is very difficult to prove mental disorder in the other party especially when the other party vehemently denies it and does not cooperate. It is relatively easy to assess or interpret whether a person has been physically abused. However, the negative effects of mental cruelty are difficult to see with the naked eye because it is impossible to read another person’s mind. Most of the time, the victim of mental cruelty is obliged to remain with the other party because they find it difficult to prove mental cruelty in court. Certain instances like the food being denied, continuous ill-treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

Cruelty has been a ground for divorce by Marriage Laws (Amendment) Act, 1976. “Respondent has treated the petitioner with cruelty” would signify that an act or omission of conduct, can constitute cruelty as a ground for divorce, even if it does cause apprehension of any sort in the mind of the petitioner

Special Marriage Act, 1954 on Cruelty

According to Section 27 (d) of the Special Marriage Act of 1954, “cruelty” is defined as any conduct or behaviour by the respondent towards the petitioner that results in physical or mental suffering, endangers the petitioner’s life or health, or renders it impossible for them to live with the respondent after the marriage has been solemnised. Additionally, the definition of cruelty under the Special Marriage Act bears resemblance to the definition under the Hindu Marriage Act.

Indian Divorce Act, 1869 on Cruelty

According to the amended provision of Section 10 of the Act, the petitioner shall be deemed to have a just and reasonable basis for seeking a divorce if the respondent has treated the petitioner with such cruelty as to give rise to a reasonable fear in the petitioner’s mind that it would be harmful or injurious for the petitioner to continue living with the respondent.

Indian Penal Code, 1860 on Cruelty

In addition to the existing personal rules, Section 498A of the Indian Penal Code makes it illegal to treat women cruelly. It is clearly stated in the clause that any spouse or relative of a husband who subjected a woman to any type of cruelty was subject to a maximum three-year sentence in prison as well as a corresponding fine.

It is important to highlight that the criminal offence of cruelty to women, as defined by the Code of Criminal Procedure, 1973, is not subject to bail, is cognizable, and is not compoundable. This law’s scope extends to mental cruelty as well, including torture and deviant behaviour, in addition to physical cruelty.

Protection of Women from Domestic Violence Act, 2005 on Cruelty

The Indian Parliament passed the powerful Protection of Women from Domestic Violence Act, 2005 (PWDVA) with the noble intention of protecting women from the evil of domestic abuse and enhancing their right to life guaranteed by Article 21 of the Indian Constitution.

Under the protection of this significant law, any act of domestic violence committed against a wife is severely punished, with a maximum sentence of one year in prison and a maximum fine of Rs. 20,000. This stringent regulation emphasises how serious domestic violence is and how vital it is to safeguard the most vulnerable members of society from its devasting 

effects. The PWDVA offers innumerable women who have up to now endured in silence a legal framework through which they can seek restitution and live lives of respect and dignity, serving as a beacon of hope for them.

There are various social and ethical consequences of divorce based on substance abuse:

Marriages impacted by substance abuse often face societal stigma and discrimination. Individuals grappling with addiction may be judged or marginalized, affecting not only the couple but also extended family and community perceptions. Marital discord due to substance abuse can have profound effects on children within the family. The social dynamics of how the community views and supports children in such situations is a critical consideration.

Community value and norms: Hindu communities often have established values and norms regarding marriage and family life. Substance abuse challenges may deviate from these expectations, raising questions about how the community perceives and responds to such deviations.

In case of Dastane v. Dastane, A.I.R. 1975 SC 1534. It was therein observed that the enquiry in any case covered by that provision had to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for the petitioner to live with the respondent. It was also pointed out that it was not necessary, as under the English Law, that the cruelty must be of such a character as to cause danger to life, limb or health or to give rise to the reasonable apprehension of such a danger, though, of course it’s being harmful or Injurious to health, reputation, working character or the like, would be an important consideration in determining whether the conduct of the respondent amounted to cruelty. What was required was that the petitioner must prove that the respondent has treated the petitioner with such cruelty as to cause reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the respondent

Kashmiri Women Break Social Taboos, Divorce Their Drug Addict Husbands

For 27-year-old Rifat, it wasn’t an easy decision to divorce her drug addict husband who despite all her efforts in the last three years did not quit the habit and often became violent under the influence of drugs. Rifat is among 40 Kashmiri women who recently divorced their drug-addict husbands. These women say a local sharia court helped them to make their choice. Rifat had to convince her parents that she can no longer suffer mental and physical trauma. He said 40 divorces have taken place through Shariah court in last one month and he has sent these cases to medical board and took a decision based on their medical reports.

While these women say the decision to divorce their husbands is fight against social evil like drug addiction and their rights religion of Islam has given them. The issue also highlights the increasing number of drug addiction case in Kashmir.

Author’s Opinion

While Hindu marriage laws traditionally emphasize the sanctity of the institution, there is a pressing need to adapt to the complexities of modern life. The recognition of marriages involving individuals struggling with substance abuse requires a nuanced approach. Legal provisions should be designed to protect the well-being of both spouses and any children involved. Addressing substance abuse within the framework of divorce laws involves not only the dissolution of the marriage but also the provision of support and rehabilitation for the affected individuals. This requires a shift in societal attitudes towards addiction, viewing it not solely as a moral failing but as a medical condition that warrants empathy and treatment.

Furthermore, there is a need for greater awareness and education within the community about the challenges posed by substance abuse in marriages. This can pave the way for a more compassionate and understanding approach, reducing stigma and facilitating early intervention.

Conclusion

No one can be tortured, cruel, inhumane, or degrading or punished. Against this background, cruelty by either husbands or wives is a breach of fundamental right to dignity and freedom. The Constitution of India i.e., the basic norm of India, guarantees the right to live with dignity as it is part of the right to life under Article 21. Inflicting physical and mental distress and inflicting suffering on others is the same as injuring others.

Due to the modernization and collapse of the family system, the divorce rate in India is increasing year by year. According to reports from the National Crime Investigation Bureau, the number of complaints filed under Section 498A of the IPC has increased proportionately since the beginning of the 21st century. Very few cases have been convicted in proceedings, but in most cases the husband is acquitted.

References

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