Allahabad High Court Ruling: Hindu Marriage Can't Be Dissolved Like a Contract

The Allahabad High Court has ruled that a Hindu marriage cannot be dissolved like a contract, emphasizing its sacrament nature. The court overturned a previous dissolution of marriage, noting that consent must persist till the order date. The case involves a couple married since 2006 with multiple mediation attempts.

The Allahabad High Court has delivered a landmark ruling stating that a Hindu marriage cannot be dissolved or terminated as a contractual agreement. Highlighting the sacrament basis of Hindu marriage, the court added it can only be dissolved under specific legal circumstances backed by evidence from both parties.

The ruling came after a division bench, comprising Justices Saumitra Dayal Singh and Donadi Ramesh, allowed an appeal by a wife against the dissolution of her marriage. The court emphasized that even in cases of mutual consent, the consent must continue to exist on the date of the final order. The bench stated that forcing the appellant to abide by her original consent, given almost three years prior, would be a 'travesty of justice.'

This decision overturns a 2011 judgment by an additional district judge in Bulandshahar, who had allowed the divorce petition filed by the woman's husband. The couple, married in 2006, have had a protracted legal battle, including multiple failed mediations and significant developments, including the birth of two children.

(With inputs from agencies.)