A.H. Saikia, J.

1. Issue in lis:

Whether the marriage solemnized between the appellant, Smt. Rupjyoti Das and the respondent Sri Beron Saikia under Hindu rites and rituals can be dissolved by a decree of divorce on being sought by the appellant on the ground of Cruelty and Desertion as embodied in Section 13(1)(ia) and (ib) respectively under the Hindu Marriage Act, 1955 (for short, 'the Act').

Tenets of Hindu Marriage and Divorce:

2. It is considered that the judgment would be benefited if purity and sanctity of the institution of marriage vis-a-vis scope of divorce as mandated under old Hindu Law is highlighted herein and the same is accordingly discussed.

(i) Ancient Textual concepts:

3. In Manusmriti, IX, P. 64-68, Manu declared that due performance of religious rites, faithfully worship, performance yagnas, highest conjugal happiness and heavenly bliss for ancestors and oneself all depend upon the wife. Hence wife is not just patni (wife) but dharrnapatni (partner) in performance of duties, spiritual, religious and others inasmuch as among Hindus there are many yagnas i.e. religious and spiritual sacrifices, rites and ceremonies, which a man without wife cannot perform. Dict