Hindu Marriage Can't Be Dissolved By Signing Dissolution Deed Before Elders Of Village: Delhi High Court

The Delhi High Court while upholding dismissal of a CISF Constable from service for contracting a second marriage has held that a Hindu Marriage doesn't get dissolved by signing a Dissolution Deed before village elders.

The Court was considering a Writ Petition filed by the CISF Constable against his dismissal from service on the allegation that he had contracted a second marriage while his first marriage was subsisting.

The Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla observed, "On merits, there is no dispute about the fact that the petitioner contracted the second marriage while her husband’s first marriage was subsisting. The only contention advanced is that the first marriage had been dissolved by signing of a marriage dissolution deed before the persons of the village. We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed in front of village persons."

The Petitioner was represented by Advocate Shilpa Saini, while the Respondent was represented by Special Public Prosecutor Farman Ali.

On the Petitioner's Counsel's contention that the first marriage was dissolved by signature of a marriage dissolution deed dated October 15, 2017, before “social people and witnesses”, the Court noted that a solemnized Hindu Marriage cannot be dissolved in such a fashion.

It noted that the case is fully covered by Rule 18 of the CISF Rules, in which a second marriage is contracted by the employee after he/she joined service and the judgment of the Division Bench in Bazir Singh.

The Petition was accordingly dismissed.

Cause Title: Ashwani Kumar vs. Union of India & Anr.

Appearances:

Petitioners- Advocate Shilpa Saini, Advocate Saroj Kr. Singh

Respondents- Special Public Prosecutor Farman Ali, Advocate Usha Jamnal, Advocate

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