Allahabad High Court Recently gave an important and historic verdict, which has launched a new dimension and has caused relief for couples who wish to get divorced by mutual consent. This decision is very important for those who live separate from their marital life for a long period and now want to legally eliminate their relationship.
The High Court approved a divorce petition in a particular case, in which the couple had been living separately for more than a year. The court made it clear in its order that if the husband and wife have been living separately for a year or more and both have agreed with mutual consent for divorce, the court should not ignore this period. The court released a divorce decree allowing the marriage dissolution in the case and handed over the custody of the children to the mother.
What was the matter?
The case was related to Meenakshi Gupta of Sambhal district and her husband Kailashchandra. Both were married in 2004 and they had three children after marriage. But shortly after marriage, differences between the two began to emerge, due to which they started living separately from 12 January 2022. Subsequently, on 1 August 2023, Meenakshi and Kailashchandra decided to divorce by mutual consent and filed a divorce petition in the family court.
However, the family court dismissed the petition, stating that under Section 13-B (1) of the Hindu Marriage Act, separation of one year or more is necessary for divorce, which was not completed in the case. The Family Court, while rejecting the divorce petition, ordered the date of divorce from 2 August 2023, while Meenakshi challenged the order in the High Court.
Allahabad High Court hearing and important decisions
The case was heard by the Division Bench of Justice Arindam Sinha of Allahabad High Court and Justice Avnish Saxena. The High Court personally called both sides and knew their opinion. Both sides clarified their desire to end marriage. The court also spoke to the children during this period, who expressed their desire to live with their mother. Subsequently, the court ordered to hand over the custody of the children to the mother.
During the hearing of the case, the court found that the two sides had lived apart from 12 January 2022 to 1 August 2023 for more than a year, and during this period they had decided to end their relationship physically and mentally. The court also found that they had no physical relations during this period, which certifies the long -running separation in their marital life.
What was the decision of the High Court?
The High Court found that all legal conditions for divorce in the case had been met. The most important thing was that the compulsory waiting period of six months required for divorce was also completed by mutual consent. Based on this, the court ordered the release of divorce decree, canceling the order of the Family Court.
The High Court also kept in mind that the two sides had given their consent for divorce and no side was against it. The court also clarified that the duration of separation of husband and wife in the divorce process cannot be completely ignored, especially when it lasts for a long period and the process of divorce is being completed with the consent of both.
Children’s custody: an important issue
The court not only paid attention to the divorce of the husband and wife, but also took an important decision on the custody of the children. The court took their opinion from the children and tried to find out who they wanted to live with. The children expressed their desire to live with their mother, and based on this, the High Court ordered the handing over of the children to Meenakshi Gupta.
This decision presents an important example not only in divorce cases but also in matters related to the good of children. The court respected the will and their feelings of the children and took the best decision for their future.
After all, what does this decision say?
This decision can especially cause relief for couples who want to get divorced by mutual consent and are living separately from a long period. This decision of the High Court has made it clear that if the two sides agree to divorce and all the legal provisions of the divorce process have been met, the court does not have the right to dismiss the divorce petition. This decision can prove to be an important milestone in understanding matters related to divorce in the Indian legal system.
This decision will not only open a new path for families but will also affect the court’s approach in matters related to divorce. Along with this, the courts will also get a new direction in cases of custody of children, which will take care of children’s good and their feelings properly.
This decision of the Allahabad High Court presents an important example for Indian families, where an attempt has been made to maintain a balance between laws and human sensibilities. This decision of the court will not only help in understanding the legal process in divorce cases, but will also give families an opportunity to understand to what extent their personal life is legally affected.