The Delhi High Court said on Tuesday that because The Hindu Marriage Act, 1955, does not identify incompatibility or temperamental differences as grounds for divorce, couples end up warring with each other for years because they have no way of exiting the relationship.

“With the passage of time, experience has shown that many a times, the marriages do not work because of incompatibility and temperamental differences, for which neither party can be blamed. However, since only Fault Theory prevails, these parties end up warring with each other for years to come only because they have no way of exiting this relationship. While many debates have been held to introduce “Irretrievable Breakdown of Marriage” as a ground, it has not met the approval and consent of the legislation,” the court said.

Further, courts are bound by limits as defined under the Hindu Marriage Act, and “unless the fault of the other spouse is shown, the parties are left to suffer acrimonious relationship with no way to exit,” the court added.

The High Court made these statements while dealing with an appeal filed by a woman challenging a family court order granting divorce on the grounds of cruelty as alleged by her husband. The court noted that the dispute between the couple emanated from disrespect caused to the husband and his family members and frequent quarrels resulting in various complaints.

“Such prolonged differences made the life of respondent (husband) bereft of peace and conjugal relationship which is the bedrock of any matrimonial relationship. Thus, as observed in above judgments, it is evident that this matrimonial relationship rest only on irritations and daily fighting and it can be held that this conduct of appellant became a source of cruelty towards the respondent,” the court said.

The Court further noted that the spouses had been living separately for the last 15 years and upheld the family court order granting divorce.