‘Nata Pratha’ contrary to law, must be thrown out: Raj HC

Jodhpur: Individuals who enter a second marriage under customary ‘Nata Pratha' without legally ending the first marriage cannot claim protection under the law, as the practice runs counter to provisions of the Hindu Marriage Act, 1955, the Rajasthan High Court has held.‘Nata Pratha' is an ancient customary practice prevalent in parts of Rajasthan that allows men and women, usually from tribal and certain rural communities, to leave their spouses and cohabit with new partners without a legal divorce or formal second marriage.Holding that such practices must be "thrown completely out of the acceptable boundaries of society", the court observed that customs cannot override statutory law or constitutional morality. "Tradition must walk with conscience, and customs must bow before justice," it said.The observations from the court came during a hearing that ended with the dismissal of a man's petition seeking divorce from his first wife after he entered into a ‘nata' arrangement. A division bench of Justice Arun Monga and Justice Sandeep Shah held Monday that the appellant was effectively asking the court to place its "seal of approval" on what is effectively an act of bigamy.The man had sought divorce on grounds of cruelty and desertion, claiming that his first wife had been living separately for years and had also filed a dowry harassment complaint against him. The wife argued that she was forced to live separately after the husband entered into a ‘nata' relationship with another woman without obtaining a divorce.Upholding an earlier family court's refusal to grant a divorce in the case, the high court held that the husband could not take advantage of his own wrongdoing. It said that when a man openly lives with another woman as his wife, the first wife's refusal to cohabit or approach the police cannot be termed "cruelty", but is a justified response.The bench also held that when a spouse is compelled to leave the matrimonial home due to the other spouse's conduct, responsibility for desertion lies with the wrongdoer.Flagging the impact of ‘Nata Pratha' on women, the court said the practice leaves both women who are affected by the practice vulnerable – the first wife remains legally married but effectively abandoned, while the second woman gets no legal recognition or protection for maintenance, inheritance or property rights.Recognising such relationships as legally valid would institutionalise insecurity for women and make the Hindu Marriage Act "meaningless and ineffective", the court said.