The Allahabad high court, in a significant judgement, 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 too 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 Donadi 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"Once the appellant claimed to have withdrawn her consent and that fact was on the record, it never became open to the learned court below to force the appellant to abide by the original consent given by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.
"To do that would be a travesty of justice," the bench added.
The appeal was filed by the woman against a judgement passed by Additional district judge of Bulandshahar in 2011 allowing divorce petition (plaint) 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 petition 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 also failed because her husband refused to keep her with him.
However, in mediation before Army authorities, they became ready to live with each other and two children also born in between.
Mahesh Sharma, appearing on behalf of the woman, had submitted before the court that all these documents and developments were brought before the court in divorce proceeding but the court in its order allowed the divorce petition only on basis of the first written statement filed on behalf of the woman which was challenged before high court.
