The Allahabad High Court has ruled that Hindu marriage cannot be dissolved or treated like a contract. The court said that Hindu marriage, which is considered a sacred bond, can be legally dissolved only under limited circumstances based on evidence provided by both parties.
According to a report, in a case involving a wife’s appeal against the annulment of her marriage, a division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh ruled that the court can grant divorce by mutual consent only if the consent remains valid till the final order is passed. The court said that if a party withdraws its consent before the final decision, it cannot proceed with the divorce on the basis of preliminary consent.
The High Court further said that when the appellant claimed to have withdrawn his consent and this fact was also on record, it was never possible for the lower court to compel the appellant to abide by the original consent given by him. The bench said that doing so would be a travesty of justice.
The appeal was filed by a woman challenging a 2011 judgment of the Additional District Judge of Bulandshahr, which granted divorce to the woman based on a petition filed by her husband. The couple got married in 2006 but the woman allegedly left her husband in 2007. The husband filed for divorce in 2008, and the wife initially agreed to live separately. However, during the proceedings, the woman changed her stance and challenged the divorce, resulting in the failure of mediation efforts. The couple then reconciled, had two children and started living together. But the divorce petition was granted based on earlier statements. This was challenged in the High Court. The High Court reversed the decision of the sessions court and stressed that consent for divorce must be valid at the time of the final order.
