Rajasthan HC Busts 'Inhuman Barter' Marriage System

The Rajasthan High Court has set aside a family court order, granting divorce to a Bikaner woman and asserting that matrimonial cruelty does not require proof "beyond reasonable doubt." The division bench clarified that such disputes are governed by the "preponderance of probabilities" principle.

The court's Jodhpur Bench also issued a strong condemnation of the "Aata-Sata" marriage practice, describing it as "legally and morally bankrupt" and an "inhuman barter system involving human lives." This custom involves families exchanging daughters, sometimes minors, for marriage.

The appellant woman was married on March 31, 2016, under the "Aata-Sata" arrangement. Disputes arose after her husband's minor sister refused to accept her marriage upon attaining majority, leading to alleged dowry demands and cruelty against the appellant, who was eventually expelled from her matrimonial home on March 19, 2020.

Her divorce plea was initially dismissed by the family court, which accepted the husband's argument that she left voluntarily and that subsequent criminal cases were filed for pressure. However, the High Court found this to be a "serious error," conflating the "Aata-Sata" family dispute with marital cruelty.

The woman's counsel stated her willingness to forgo maintenance for peace of mind, leading the High Court to allow the divorce petition. This decree, however, will not affect ongoing criminal proceedings or child custody matters.

Referencing the Prohibition of Child Marriage Act, 2006, the court highlighted how "Aata-Sata" can become a coercive mechanism, reducing children, particularly girls, to "marital barter" and resembling "matrimonial hostage taking." The court firmly stated that "no custom is above the law."