Headline
The Allahabad High Court condemned the family court for Oversimplifying Hindu Marriage Dissolution.
Summary
The Allahabad High Court overturned a ruling of a family court that dissolved a Hindu marriage, saying that such unions cannot be treated like contracts. The court stressed on the need for evidence and proper consideration in cases with sacrament-based Hindu marriages.
Key Facts
- Case Name: Wife vs. Husband
- Judges Name: Justice Saumitra Dayal Singh and Justice Donadi Ramesh
- In 2006 the couple got married, divorce was filed by the husband in 2008 citing desertion and infertility.
- The wife contested after initially consenting to the divorce and gave the evidence of childbirth.
- The family court granted divorce plea in 2011 of the husband without considering the second statement of the wife.
Legal Insights
The Allahabad High Court stated that Hindu marriages cannot be dissolved without proper and clear evidence. It also condemned the family court for ignoring changes in the wife’s consent and subsequent developments.
Impact
The case was sent back to the trial court for reconsideration, permitting both parties to file renovated statements and evidence.
Why It Matters
It strengthens that Hindu marriages are considered as sacred and needs thoughtful adjudication before dissolution, not mere consent or oversimplified decisions.
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