‘Hindu Marriage is Sacred, Not Treatable as Contracts’: Allahabad High Court

Prayagraj: The Allahabad High Court has asserted that Hindu marriages are sacred and cannot be dissolved as if they were mere contracts. The ruling, delivered by Justices Saumitra Dayal Singh and Donadi Ramesh, emphasised that a Hindu marriage can only be legally dissolved under specific conditions, supported by evidence from both parties.

In a case concerning a wife’s appeal against the dissolution of her marriage, the court ruled that divorce by mutual consent is only valid if that consent remains effective until the final order is made. According to the ruling, if one party withdraws consent before the final decision, the divorce cannot proceed based on the initial agreement.

The bench noted, “Once the appellant withdrew her consent, it was no longer permissible for the lower court to enforce the original consent given nearly three years ago. Doing so would constitute a travesty of justice.”

The case involved an appeal by a woman challenging a 2011 judgement from the Bulandshahar additional district judge, which had granted a divorce based on her husband’s petition. Married in 2006, the woman left her husband in 2007. Her husband filed for divorce in 2008, and she initially agreed to separate. However, she later contested the divorce, leading to unsuccessful mediation attempts.

Despite reconciliation, having two children, and living together, the divorce petition was granted based on earlier statements. The high court overturned this decision, reinforcing that divorce consent must be valid at the time of the final order.