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Pious institution of marriage should not be taken lightly: Allahabad HC

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Pious institution of marriage should not be taken lightly: Allahabad HC

Lucknow, Sep 29 The pious institution of marriage should not be taken lightly, the Allahabad High Court observed while granting protection to a couple who divorced by mutual consent over trivial disputes and remarried later.


The court said taking steps for a mutual divorce and thereafter remarrying, when the couple already have two children, was "a sorry state of affairs".


A bench of Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra made the observation on Monday while disposing of a writ filed by petitioners Roopa Rani and her husband seeking protection from interference by parents in their peaceful marital life and assistance in getting their marriage registered.


According to the petition, the couple was married earlier and had two children. Due to trivial disputes, they obtained a decree of divorce by mutual consent under the Hindu Marriage Act. Later, they decided to remarry in the interest of the entire family and solemnised their marriage at an Arya Samaj temple on April 2, 2026.


The couple told the court that the husband's father was opposed to their remarriage and that they feared he might create hurdles in their life together. The court noted that the facts were undisputed and supporting documents have been placed on record.


The bench held that since the petitioners were husband and wife earlier and had two children, remarried after a mutual divorce, and were now living together with their children, nobody could interfere with their peaceful life, whether a private individual or a public authority.


The court relied on the Supreme Court's judgment in the case 'Lata Singh vs State of Uttar Pradesh', which held that an adult is free to marry a person of his or her choice and that parents or others cannot threaten, harass or subject them to violence on account of their marriage.


While extending protection to the couple, the high court reiterated that the protection recognised in the 'Lata Singh vs State of Uttar Pradesh' case would remain available to them. It thereafter disposed of the writ petition.

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