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HC protects remarried couple from family interference
The Allahabad High Court upheld that no one can obstruct a couple's remarriage after divorce, affirming their rights to peaceful marital life.
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The Lucknow bench of the Allahabad high court has held that no person can create a hindrance in the peaceful marital life of a couple who, after obtaining a divorce, later remarry each other. The court was hearing a protection petition filed by woman and another, who were apprehensive that the father of petitioner no. 2 might create a hindrance in their life.
The division bench comprising justice Rajesh Singh Chauhan and justice Ram Manohar Narayan Mishra heard the matter and disposed of the petition with the said observation on September 23.
According to the order,the petitioners had previously been husband and wife and have two children. The couple had matrimonial differences arising from what the court described as trivial disputes. They subsequently sought mutual divorce under Section 13-B of the Hindu Marriage Act and obtained a decree of divorce.
After some time, the couple decided to reunite in the interest of their family and children. They remarried at an Arya Samaj Temple on April 2, and produced the marriage certificate before the court. However, the father of petitioner no. 2 was not agreeable to the remarriage, interfering in their life.
The high court noted that the couple had already remarried after obtaining a divorce and were living together with their two children. In these circumstances, the court held that no one could create a hindrance in their life.
While reaching this conclusion, the Bench relied upon the Supreme Court’s decision in ‘Lata Singh v. State of U.P. and another, reported in 2006 (5) SCC 475’. The High Court reproduced the Supreme Court’s observation that adults have the freedom to choose whom they marry and should not face threats, harassment or violence because of their marital choice.
The high court held that the protection recognised in Lata Singh would be available to the petitioners.
MANOJ KUMAR SINGH
