Rukhmabai: India’s First Battle for Marital Freedom That Resembled a Divorce
Introduction: A Woman Ahead of Her Time
Long before formal divorce laws existed in India, one courageous woman—Rukhmabai Raut—stood up for her right to choose. In the late 1800s, her refusal to live with a man she was married to as a child sparked a legal and social revolution.
This is the story of how India’s earliest divorce-like case reshaped the nation’s outlook on marital consent, child marriage, and women’s autonomy.
image credit : https://en.wikipedia.org/wiki/Rukhmabai
The Backdrop: Child Marriage and Silent Suffering
Long before formal divorce laws existed in India, one courageous woman—Rukhmabai Raut—stood up for her right to choose. In the late 1800s, her refusal to live with a man she was married to as a child sparked a legal and social revolution.
This is the story of how India’s earliest divorce-like case reshaped the nation’s outlook on marital consent, child marriage, and women’s autonomy.
image credit: www.indianexpress.com
The Backdrop: Child Marriage and Silent Suffering
Rukhmabai was married off at the age of 11, as was customary in many Indian communities. Her husband, Dadaji Bhikaji, came from a traditional background, but Rukhmabai was raised differently.
After her father passed away, her stepfather, Dr. Sakharam Arjun, ensured she received formal education and a progressive upbringing—rare for girls at the time.
Refusal of Conjugal Rights: A Turning Point
Years later, when Dadaji demanded that Rukhmabai return to him under the legal principle of “restitution of conjugal rights”, she flatly refused.
Her reason was simple but revolutionary:
“I never consented to this marriage, and I will not be forced into it.”
This act of defiance launched one of India’s most significant legal battles related to marriage and consent.ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
The Legal Drama Unfolds (1884–1888)
The Divorce Case Details
- Plaintiff: Dadaji Bhikaji
- Defendant: Rukhmabai Raut
- Court: Bombay High Court
- Dadaji was represented by Joseph Sequeira
- Rukhmabai’s defense was led by J.D. Inverarity
Dadaji filed a case demanding that Rukhmabai be compelled to live with him as his wife. This was one of the earliest Indian cases invoking marital cohabitation rights—a case that mirrored the modern concept of divorce through legal separation.
The Judgments That Shaped History (Divorce granted)
Justice Robert Pinhey’s Verdict (1885) rejected Dadaji’s claim, stating that forcing a woman into marital cohabitation against her will violates natural justice and individual freedom—especially when the marriage was not consummated.
Appeal Bench Ruling (1886):
This decision reversed the earlier one and gave Rukhmabai two options:
- Return to her husband
- Face imprisonment
The verdict triggered widespread outrage, sparking national debate about the treatment of women under marriage laws.
The Final Outcome: Freedom Secured
Thanks to growing public support and intense media attention, Dadaji eventually withdrew the case in 1888, freeing Rukhmabai from the forced marriage.
She later went to England, pursued medical education, and became one of the first female doctors in India—a monumental step for women in Indian society.
Legal Significance: Why This Case Still Matters
The Rukhmabai case questioned long-standing legal assumptions:
- Is a child marriage binding in adulthood?
- Can marital rights be enforced without consent?
Justice Pinhey’s landmark observation still holds relevance:
“To compel cohabitation is to treat a woman as a possession, not a person.”
This case laid the moral groundwork for future divorce laws in India, where individual autonomy and informed consent became legal priorities.
Rukhmabai’s struggle wasn’t just a court case—it was a revolution in Indian marital law. Her bravery laid the foundation for legal concepts we now associate with divorce, consent and bodily autonomy. Her story reminds us that real change often begins with one person’s refusal to be silent.
Do you think India still struggles with similar issues in marital law? Let us know your thoughts in the comments.