Court says major adults are free to marry by choice; directs authorities to prevent harassment and facilitate marriage registration, while cautioning against casual use of divorce and remarriage.
The Allahabad High Court has granted protection to a couple who had earlier divorced by mutual consent and later remarried each other in an Arya Samaj temple, holding that no private person or public authority can interfere in the peaceful marital life of two consenting major adults.
A division bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra was hearing a writ petition filed by Roopa Rani and another, who sought police protection and a direction to ensure that no one, including the father of one of the petitioners, obstructed their life together or prevented registration of their marriage.
According to the petition, the couple had earlier been husband and wife and had obtained a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955, after what they described as trivial disputes. They have two children. Later, in the interest of the family and their children, they decided to reunite and remarried on 2 April 2026 in an Arya Samaj temple. The petitioners expressed apprehension that the father of petitioner no. 2 was not agreeable to the remarriage and might create difficulties in their peaceful life.
The Court noted that the facts were not disputed and observed that since both petitioners are majors and have chosen to remarry each other, no one can create any hindrance in their peaceful life, whether a private individual or a public authority. Reliance was placed on the Supreme Court’s decision in Lata Singh v. State of U.P., where it was held that once a person attains majority, he or she is free to marry a person of choice, and any harassment, threat, or violence against such a couple must be dealt with strictly by the police.
The bench reproduced the key principle from Lata Singh, emphasizing that in a free and democratic country, adults have the right to choose their life partner, and the administration and police are duty-bound to protect such couples from harassment and violence.
At the same time, the Court made an important observation that the institution of marriage should not be taken lightly. It remarked that obtaining a mutual divorce on trivial disputes and then remarrying, especially when the couple already has two children, reflects a “sorry state of affairs.” However, the Court clarified that this observation did not reduce the legal protection available to the petitioners.
Ultimately, the High Court disposed of the writ petition and affirmed that the petitioners are entitled to protection in accordance with law, including protection from interference and assistance in getting their marriage registered.
Bottom Line :
Hindu Marriage - Divorced spouses having two children remarried each other and sought protection against interference by father of husband - Major persons are free to marry a person of their choice - No private or public person can create hindrance in their peaceful marital life - Police/administration directed to ensure no harassment and to provide protection for peaceful living and marriage registration.
Statutory provision(s): Article 226 of the Constitution of India, Section 13-B of the Hindu Marriage Act, 1955
Roopa Rani v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2987042
