Hindu marriage can’t be dissolved as a contract: Allahabad High Court

The sacrament based Hindu marriage may be dissolved (in law) in limited circumstances and that too only on the strength of evidence led by the parties, says HC

In a significant judgment, the Allahabad high court has ruled that a Hindu marriage is not to be dissolved or terminated as a contract. The sacrament based Hindu marriage may be dissolved (in law) in limited circumstances and that too only on the strength of evidence led by the parties.

The appeal was filed by the woman against the order passed by the additional district judge, Bulandshahr, in 2011 allowing divorce petition filed on behalf of her husband. (For Rep)

Allowing an appeal filed by a woman against dissolution of her marriage, a division bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh in its judgment dated September 6 was of the view that even, “In granting the divorce on the strength of mutual consent, the court below may have dissolved the marriage between the parties only in the event of that consent continuing to exist on the date of the order being passed. Once the appellant claimed to have withdrawn her consent and that fact was on the record, it never became open to the court below to act on that (withdrawn) consent, belatedly. In any case, it never became open to the court below to force the appellant to abide by the original consent given by her that too almost three years later. “

“To do that would be travesty of justice,” the court said. The appeal was filed by the woman against the order passed by the additional district judge, Bulandshahr, in 2011 allowing divorce petition filed on behalf of her husband. The parties were married on February 2, 2006.

At that time, the husband was employed with the Indian Army. According to the allegations in the plaint, the woman deserted her husband in 2007. In 2008, the husband instituted suit for dissolution of marriage.

The wife filed her written statement and said she was living with her father. In mediation proceedings, the parties expressed their view to live separately. However, later she backtracked from her consent.

Appearing on behalf of the woman, her counsel Mahesh Sharma submitted before the court that all these documents and developments were bought before the court in divorce proceeding but the court below by the impugned (order under challenge) order allowed divorce petition only on basis of first written statement filed on behalf of wife that was challenged before high court.