The Rajasthan High Court has granted divorce to a woman after setting aside a Family Court order that had rejected her plea under Section 13 of the Hindu Marriage Act.

While allowing the appeal, the High Court also made strong observations against the customary “Atta-Satta” marriage system, particularly where minors are involved.

A Division Bench of Justice Arun Monga and Justice Sunil Beniwal held that the Family Court wrongly treated the dispute arising out of the “Atta-Satta” arrangement as the sole cause of marital discord, while ignoring allegations of cruelty and emotional trauma suffered by the wife.

What Is “Atta-Satta” Marriage?

“Atta-Satta” is a customary reciprocal marriage practice followed in some communities, where a family arranges the marriage of its son in exchange for giving its daughter in marriage to the other family.

The Court noted that such arrangements, especially involving minors, reduce children—particularly girls—into “bargaining tools between families.”

Allegations By Wife

The couple got married in March 2016 in Bikaner. The wife alleged that after marriage she was subjected to:

• harassment,

• dowry demands,

• physical assault, and

• deprivation of her streedhan.

She further claimed that in 2020, she and her daughter were thrown out of the matrimonial home.

Subsequently, an FIR was registered against the husband and his father under Sections 498-A, 406, 323 and 34 of the IPC.

Husband’s Defence

The husband denied all allegations and argued that the dispute arose because his sister—who had married the wife’s brother under the same “Atta-Satta” arrangement—refused to continue that marriage after attaining majority.

The Family Court accepted this reasoning and dismissed the divorce petition, observing that the wife had voluntarily left the matrimonial home due to disputes connected with the reciprocal marriage arrangement.

High Court Finds Family Court Erred

Before the High Court, the wife argued that the Family Court ignored evidence showing continuous cruelty and wrongly treated her legal proceedings as pressure tactics.

The Bench agreed and held that the Family Court had improperly mixed two separate legal issues:

1. disputes arising from the customary “Atta-Satta” arrangement, and

2. independent allegations of matrimonial cruelty.

The Court observed:

“Tolerance is often mistaken for consent and/or condonation.”

The High Court further noted that many women continue in troubled marriages due to economic and social compulsions, and mere continuation of cohabitation cannot automatically negate cruelty.

Strong Remarks Against Child Marriage Practices

The Bench made significant remarks against customary practices involving minors and stated that customs cannot override constitutional values or statutory protections under the Prohibition of Child Marriage Act, 2006.

The Court stressed that dignity, consent, and legal safeguards for children cannot be sacrificed in the name of tradition.

The Bench also noted that the parties had been living separately for nearly five years and mediation attempts had failed, indicating that reconciliation was no longer possible.

Accordingly, the High Court set aside the Family Court judgment dated September 24, 2025, and dissolved the marriage under Section 13 of the Hindu Marriage Act.

The Court clarified that its observations would not affect any pending criminal or custody proceedings between the parties.

Case Details

• Case Title: Kiran Bishnoi v. Sunil Kumar

• Case Number: DB Civil Miscellaneous Appeal No. 3506/2025

• Bench: Justice Arun Monga and Justice Sunil Beniwal

• Decision Date: April 10, 2026