Allahabad High Court Rules Hindu Marriage Requires Valid Consent For Divorce, Not A Contract

The Allahabad High Court has ruled that a Hindu marriage cannot be considered a contract and cannot be annulled without valid consent. The court clarified that a Hindu marriage is a sacrament and can only be legally dissolved on specific grounds and with evidence from both parties.

The Case

In a matter concerning a wife’s appeal against the dissolution of her marriage, Justices Saumitra Dayal Singh and Donadi Ramesh determined that a divorce can only be granted on mutual consent if that consent remains valid at the time of the final order, as reported by PTI.

The court stated, “If one of them has already withdrawn the consent before the final decision, divorce cannot be granted based on such earlier consent.”

“Once the appellant claimed to have withdrawn her consent, and that fact was on record, it never became open to the learned court below to force the appellant to abide by the original consent given by her,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 remarked.

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

Divorce Petition Granted Based on Earlier Statements

The appeal contested a 2011 judgment by the additional district judge in Bulandshahar, who granted the divorce based on a petition from the husband. The couple, married in 2006, faced marital issues, leading the wife to live separately from 2007. The husband filed for divorce in 2008, which the wife initially agreed to.

However, she later opposed the divorce, resulting in failed mediation attempts. Despite reconciling and having two children, the court granted the divorce based on earlier statements.

The high court overturned the decision, emphasizing that for a divorce to be valid, the consent must be effective at the time of the final order.