Mutual Agreement Between Spouses Can't Dissolve Statutory Marriage Absent Proven Customs Or Decree Under Hindu Marriage Act: J&K And Ladakh High Court

The Court observed that while such agreements may be relevant to assess whether the spouses are living separately by mutual consent, they do not have the legal effect of terminating the marriage itself.

The Court was hearing a criminal revision petition arising out of proceedings relating to a claim for maintenance under Section 488 of the Code of Criminal Procedure.

The Bench of Justice Sanjay Parihar examined the legal position governing the effect of private agreements between spouses in the context of claims for maintenance. The Court held: “Under the J&K Hindu Marriage Act 1980, marriage between Hindus can only be dissolved by a decree of divorce in accordance with statutory provisions, unless a specific custom is pleaded and strictly proved. Mere execution of a settlement deed, ….therefore, could not by itself dissolve the marriage”.

Background

The dispute arose in proceedings where the husband resisted the claim for maintenance by contending that the parties had entered into an agreement by which they had decided to live separately and had settled their respective rights and liabilities. On this basis, it was argued that the wife was no longer entitled to claim maintenance under Section 488 Cr.P.C.

The wife, on the other hand, asserted that such an agreement could not dissolve the marital relationship and that she continued to be legally entitled to maintenance, particularly where neglect and refusal by the husband to maintain her were alleged.

The matter thus required the Court to consider the legal effect of a private agreement between spouses and whether such an arrangement could operate as a bar to a maintenance claim.

Court’s Observation

The High Court began by examining the legal framework governing the dissolution of marriage under the Hindu Marriage Act. The Court observed that a statutory marriage cannot be brought to an end merely by a private arrangement between spouses. The law, the Court said, contemplates specific modes through which a Hindu marriage may be dissolved, namely by a decree passed by a competent court under the provisions of the Hindu Marriage Act or through a custom having the force of law.

The Court noted that a mere agreement between spouses to live separately does not have the legal effect of dissolving the marriage. Such an agreement, even if voluntarily entered into, does not substitute the statutory requirement of a judicial decree. The Bench therefore held that an agreement per se cannot dissolve a statutory marriage unless it is backed by a decree under the Hindu Marriage Act or is supported by proof of a valid custom recognised in law.

While clarifying that a private agreement cannot dissolve the marriage itself, the Court proceeded to consider the relevance of such an agreement in proceedings relating to maintenance under Section 488 Cr.P.C. The Court observed that agreements between spouses may still have evidentiary value when determining the nature of separation between them.

The Court held that such agreements may be relevant to assess whether the spouses are living separately by mutual consent. If the evidence shows that the parties voluntarily agreed to live apart and that the agreement was acted upon with the settlement of their respective rights and liabilities, such circumstances may attract the bar contained under Section 488(5) Cr.P.C., which disentitles a wife from claiming maintenance where the spouses are living separately by mutual consent.

The Bench emphasised that the application of the statutory bar depends upon the factual determination of whether the separation was truly by mutual consent. The Court observed that merely producing an agreement would not automatically defeat the wife’s claim for maintenance.

If the evidence establishes neglect or refusal on the part of the husband to maintain the wife, the statutory obligation to provide maintenance would continue to operate notwithstanding the existence of any informal arrangement between the parties. The Court clarified that a wife’s statutory right to maintenance cannot be defeated by private arrangements if the essential ingredients of neglect or refusal are established.

The High Court further noted that the determination of the nature of separation requires careful appreciation of the evidence on record. The Court must examine whether the agreement was voluntarily executed, whether it was genuinely acted upon by both parties, and whether the separation truly reflected mutual consent.

The Bench observed that where the surrounding circumstances demonstrate that the agreement was merely a device or that the separation was in fact the result of the husband’s conduct, the statutory right to maintenance would continue to subsist.

The Court concluded that the legal position emerging from the judicial precedents is that statutory remedies under the maintenance provisions cannot be defeated by private arrangements that do not have the force of law. At the same time, such agreements may still be considered as relevant circumstances while assessing whether the parties are living separately by mutual consent.

Thus, the Court reiterated that a private agreement between spouses cannot dissolve a statutory marriage, but may be relevant for determining the factual question of separation while adjudicating a claim for maintenance under Section 488 Cr.P.C.

Conclusion

In light of the foregoing discussion, the High Court declined to interfere with the order passed by the Revisional Court. However, to advance the cause of justice and prevent the petitioner from falling into a state of vagrancy, the Court directed the respondent to pay a sum of ₹2.50 lakhs to the petitioner as a one-time settlement.

The Court ordered that the amount shall be paid within six months from the date of receipt of the certified copy of the order, failing which the petitioner would be entitled to recover the amount along with interest at the rate of 6% per annum until its realisation.

The Court further directed that the amount already lying deposited in the Registry in the form of an FDR, along with the interest accrued thereon, shall be released in favour of the petitioner. The remaining balance amount, if any, shall be paid by the respondent within the stipulated period.

Accordingly, the petition was dismissed, and the connected petition was also dismissed as having become infructuous.

Cause Title: X v. Y

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