PRAYAGRAJ: The Allahabad HC observed that Hindu marriages are sacred and cannot be dissolved like a contract. They can only be legally dissolved in limited circumstances and, that too, only on the basis of evidence given by both parties.
Allowing the appeal filed by a woman against dissolution of her marriage, a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh said court can only grant divorce upon mutual consent if that consent remains valid until the final order is passed.
“Once appellant claimed to have withdrawn her consent and that fact is on the record, it never became open to the court below to force the appellant to abide by the original consent given by her, that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,” the HC said.
The appeal was filed by a woman against the judgment passed by the additional district judge, Bulandshahr, in 2011, allowing the divorce petition filed by her husband. The couple got married in Feb 2006. At that time, the husband was employed with the Indian Army. According to the petition, the woman deserted her husband in 2007. In 2008, the man filed for divorce.
The woman initially agreed but, later, pending the suit, she changed her view and contested the divorce, leading to failed mediation attempts. The husband initially refused to live with her. However, in a mediation before Army authorities, they agreed to live together, and two children were born out of wedlock.
Mahesh Sharma, the woman’s counsel, told the HC that all these documents and developments were brought before the lower court during the divorce proceedings but, that, the lower court allowed the divorce petition only on the basis of the first written statement filed on behalf of the wife. Based on these observations the HC overturned the lower court order that granted divorce to the couple.
Allowing the appeal filed by a woman against dissolution of her marriage, a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh said court can only grant divorce upon mutual consent if that consent remains valid until the final order is passed.
“Once appellant claimed to have withdrawn her consent and that fact is on the record, it never became open to the court below to force the appellant to abide by the original consent given by her, that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,” the HC said.
The appeal was filed by a woman against the judgment passed by the additional district judge, Bulandshahr, in 2011, allowing the divorce petition filed by her husband. The couple got married in Feb 2006. At that time, the husband was employed with the Indian Army. According to the petition, the woman deserted her husband in 2007. In 2008, the man filed for divorce.
The woman initially agreed but, later, pending the suit, she changed her view and contested the divorce, leading to failed mediation attempts. The husband initially refused to live with her. However, in a mediation before Army authorities, they agreed to live together, and two children were born out of wedlock.
Mahesh Sharma, the woman’s counsel, told the HC that all these documents and developments were brought before the lower court during the divorce proceedings but, that, the lower court allowed the divorce petition only on the basis of the first written statement filed on behalf of the wife. Based on these observations the HC overturned the lower court order that granted divorce to the couple.
