Jharkhand High Court upholds divorce over ‘dead wood’ marriage, orders man to pay Rs 35,000 towards maintenance

“Now the marital relation between the parties has become “dead wood marriage” and marital relation has become lifeless and without emotional or practical value,” said the court on January 8.

When a marriage is deemed a dead wood situation, courts may consider it a valid reason to grant a divorce, the Jharkhand High Court said. (Image enhanced using AI)

Findings

• When a marriage is deemed a dead wood situation, courts may consider it a valid reason to grant a divorce.
• The court must recognise that forcing a couple to remain in such a relationship only prolongs their suffering and no purpose will be served in sailing the dead wood.
• There is no possibility to live together as also the fact that the husband has solemnised second marriage with another lady and out of their wedlock one boy child has born.
• A kid, particularly a female child, is in requirement of financial means for her study, upbringing, higher studies and marriage.
• In the case of dissolution of marriage in between the husband and the wife, the interest of the child born out of the wedlock is also the subject matter for consideration, because why will the child suffer due to the effect of dissolution of marriage.
• Therefore, the question of welfare of kids, herein the female child, is also required to be considered.
• The respondent being the father, has got every duty to maintain his daughter and to discharge his accountability so as to bring his daughter to a responsible position in the society.
• The arrangement of depositing the amount of Rs 35000 (Rs 25000 for the wife and Rs 10000 for the daughter) will be till attaining the majority of the daughter.
• After she attains majority, the amount to be paid to the daughter will be deposited directly in the account of the daughter.
• The awarded amount will be enhanced to the extent of 5% after every two years.
• In case of non-compliance, the wife would be at liberty to initiate appropriate legal proceedings.

Background

• The couple were married on November 23, 2008, at Rohtas, Bihar, according to Hindu rites and customs.
• From the wedlock, a daughter was born, who is presently a minor and residing with the mother.
• He alleged that his wife frequently used abusive and foul language against him and his family members, made derogatory remarks, and disrupted the peace of the matrimonial home.
• Despite efforts at reconciliation, the situation allegedly deteriorated further.
• The husband claimed that on September 16, 2014, the wife left the matrimonial home along with her parents and the minor child, without his consent.
• The wife filed criminal complaints and maintenance proceedings in Bihar and Jharkhand.
• The man approached the family court which had allowed the suit filed by the husband under the Hindu Marriage Act, 1955, granting divorce on the ground of cruelty.
• After getting the divorce, the man married another woman and out of their wedlock one boy child was born last year.
• Aggrieved by this decision, the wife approached the high court.

Arguments

• Advocate Vijay Bahadur Singh, appearing for the wife submitted that in the changed circumstances, there was no possibility of reconciliation, particularly as the husband was allegedly in an illicit relationship.
• The counsel argued that the only surviving issue was the quantum of alimony and maintenance, especially considering that the minor daughter was residing with the mother.
• Advocates Robin Kumar, Nishi Rani and Akanksha B Raje, appearing for the husband submitted that he had several dependants, including an ailing father suffering from paralysis, a separated sister with two children, besides his second wife and son.