Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court

The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.

A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order of the family court directing him to pay Rs. 2200/- per month as maintenance to his wife-respondent in the plea moved by her under Section 125 CrPC.

Essentially, the order of the Family court was assailed on the ground that the parties had taken divorce by mutual consent following the customs of the locality, about 14 years before the filing of the application under Section 125 CrPC by the wife. It was also contended that his wife did not disclose her source of maintenance during this period of 14 years.

Perusing the copy of the alleged divorce agreement executed by mutual consent, the Court noted that it was written unilaterally by the opposite party (wife) on a stamp paper worth Rs. 10/-. and numerous other persons have put their signatures on this unilateral declaration written and signed by the opposite party.

Noting that a Hindu marriage can not be dissolved by a unilateral declaration executed on a stamp paper worth Rs. 10/- as the same is not a mode of dissolution by Hindu Marriage recognized by law, the Court concluded that the marriage between the parties was not dissolved under law and she continued to be the legally wedded wife of the revisionist.

Regarding the plea for a delay of 14 years in applying Section 125 CrPC, the Court observed that the Family Court, in its order, noted that this provision does not stipulate any specific period of limitation for seeking maintenance.

The Court further noted that in the present case, although the wife had initially filed an application for maintenance in 2011, her ability to pursue the case was hindered by the passing of her brother shortly thereafter, causing her considerable grief and preventing her from continuing legal proceedings.

Regarding the wife's act of living separately from her husband (revisionist), the Court took into account the fact that since the Husband was living with another lady, without the dissolution of marriage with the opposite party-wife, it gave rise to a sufficient cause for the wife to live separate from the revisionist.

"...when the marriage between the revisionist and the opposite party has not been dissolved by any manner known to law, it continues to subsist and the respondent having married another lady and having procreated three children from her, has given rise to a reasonable cause to the opposite party to live separate from the revisionist," the Court remarked.

Even otherwise, the Court added, an application under Section 125 CrPC can be filed by a wife even after the dissolution of her marriage as has been held by the Supreme Court in the case of Swapan Kumar Banerjee v. State of West Bengal (2020).

Keeping in view the aforesaid facts, the Court upheld the order of the Family Court directing the revisionist to pay Rs. 2200/- per month as maintenance to his wife-respondent. With this, the revision plea of the husband was dismissed.

Counsel for Revisionist: Sadhu Sharan Chaubey,Abha Srivastava, Manish Barnwal 

Case title - Vinod Kumar @ Sant Ram vs. Shiv Rani 2024 LiveLaw (AB) 150

Case Citation: 2024 LiveLaw (AB) 150

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