‘Hindu marriage not a contract, divorce needs valid consent,’ rules Allahabad high court

Allahabad HC ruled Hindu marriages are sacred and cannot be dissolved like contracts. Divorce can only occur with valid mutual consent at the final order.

The Allahabad high court has ruled that a Hindu marriage cannot be dissolved or treated like a contract. The court stated that a Hindu marriage, considered a sacred bond, can only be legally dissolved in limited circumstances, based on evidence provided by both parties.

The Allahabad HC was listening to wife’s appeal against the dissolution of her marriage.

What is the case?

In a case involving a wife’s appeal against the dissolution of her marriage, a division bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled that a court can only grant divorce on mutual consent if that consent remains valid until the final order is passed, PTI reported.

The court said that if one party withdraws their consent before the final decision, it cannot proceed with the divorce based on the initial consent.

"Once the appellant claimed to have withdrawn her consent and that fact was on the record, it never became open to the learned court below to force the appellant to abide by the original consent given by her that too almost three years later," the court said.

"To do that would be a travesty of justice," the bench added.

Divorce petition was granted based on earlier statements

The appeal was filed by a woman challenging a 2011 judgement by the Bulandshahar additional district judge, which had granted divorce based on a petition filed by her husband. The couple 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 contested the divorce, leading to failed mediation attempts.

Eventually, the couple reconciled, had two children, and lived together, but the divorce petition was granted based on earlier statements.

This was challenged in the high court, which overturned the decision, stressing that the consent for divorce must be valid at the time of the final order.