The High Court of Judicature for Rajasthan has dismissed a husband’s appeal seeking divorce on grounds of cruelty and desertion, holding that he could not take advantage of his own conduct after entering into a second relationship during the subsistence of his first marriage.
A Division Bench observed that the man’s reliance on the customary “Nata” relationship could not override the provisions of the Hindu Marriage Act, which mandates monogamy among Hindus.
Background of the Case
The dispute arose from a marriage solemnised in 1992 between Laxmilal and Parwati. The couple had two sons. According to the husband, disputes began after the wife allegedly insisted on living separately from his family. He also claimed that the wife had been residing separately for years due to her government posting as a teacher.
The husband later entered into what he described as a “nata marriage” with another woman, Krishna, in 1997. He claimed the wife had consented to that arrangement. The wife denied this allegation and stated that the husband had deserted her after developing a relationship with another woman.
The Family Court at Rajsamand dismissed the husband’s divorce petition in May 2023, after which he approached the High Court.
Husband Relied on Long Separation, Criminal Complaint
Before the High Court, the husband argued that the parties had been living separately for nearly 27 years and that the marriage had completely broken down. He also contended that the wife had filed a false criminal case against him and his family members, causing mental cruelty.
However, the wife opposed the appeal and maintained that the husband himself was responsible for the matrimonial breakdown because of his second relationship.
Court’s Observations
The Bench of Justice Arun Monga and Justice Sandeep Shah agreed with the Family Court’s findings and strongly criticised the husband’s conduct.
The court observed,
“A party who has himself inflicted the matrimonial wrong… forfeits his moral and legal standing to seek the Court's indulgence.”
Rejecting the husband’s defence based on the “Nata” custom, the Bench said such a practice could not override statutory law. The judges noted that the Hindu Marriage Act clearly prohibits a second marriage during the lifetime of a spouse.
The court further found that the husband had openly lived with another woman, had children from that relationship, and even recorded her name as his wife in official documents.
According to the Bench, the wife’s refusal to continue cohabitation after these events could not be termed “desertion” or “cruelty.” The judges held that her reaction was a natural consequence of the husband’s own actions.
Court on ‘Nata’ Custom
In a detailed epilogue, the court expressed concern over the social impact of the “Nata” custom, particularly on women. The Bench said recognition of such arrangements would undermine the Hindu Marriage Act and leave women without adequate legal protection.
The judges observed that customs permitting remarriage without legally dissolving the first marriage cannot be accepted as a defence to bigamy under law.
Decision
Dismissing the appeal, the High Court held that the husband had failed to establish cruelty or desertion by the wife and was therefore not entitled to a decree of divorce.
Case Details
Case Title: Laxmilal v. Parwati
Case Number: D.B. Civil Miscellaneous Appeal No. 1211/2023
Judges: Justice Arun Monga and Justice Sandeep Shah
Decision Date: 12 May 2026
