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PRAYAGRAJ: The Allahabad highcourt 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 only on the strength of evidence led by the parties, it said.
Allowing the appeal filed by a wife against dissolution of marriage, a division bench of justices Saumitra Dayal Singh and Don- adi Ramesh was of the view that even in “granting the divorce on the strength of mutual consent, the learned 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 “Once the appellant claimed to have withdrawn her consent and that fact was on the record, it never became open to the learned court below to force the appellant to abide by the original consent given by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.
The appeal was filed by the woman against a judgment passed by additional district judge of Bulandshahar in 2011 allowing divorce petition on behalf of her husband.
The two got married on February 2, 2006. At that time, the man was employed with the Indian Army. According to the plaint allegations, the woman deserted her husband in 2007. In 2008, the husband filed a peti- tion for dissolution of marriage.
The wife filed her written statement and said she is living with her father. In mediation proceedings, the estranged couple expressed their view to live separately. However, during the pendency of the suit, the woman changed her view and contested the suit denying allegations made against her on which a second mediation was preferred but it failed because her husband refused to keep her with him.
For case specific advice, get in touch with Divorce Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar online.
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