'Pious' Marriage Institution Shouldn't Be Taken Lightly: Allahabad High Court Protects Divorced Couple With 2 Children Who Remarried
The Allahabad High Court has protected the peaceful marital life of a divorced couple with two children who subsequently remarried each other. The Court, however, remarked that the "pious institution of marriage should not be taken lightly".
A Bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra made the observation while dealing with a petition filed by the couple seeking protection of their peaceful marital life and assistance in registering their marriage.
The petitioners had earlier been husband and wife and had 2 children, but later obtained a decree of mutual divorce. However, thereafter, they decided to remarry in the interest of the entire family.
They subsequently married at an Arya Samaj Temple on April 2, 2026. However, the father of petitioner no. 2 (Husband) was not agreeable to the marriage. The couple therefore approached the High Court apprehending interference in their peaceful marital life.
Noting that they had been married earlier, the Court said that no person, whether private or public, could create any hindrance to their peaceful life. In this regard, the Bench relied upon the Supreme Court's judgment in Lata Singh v. State of UP.
The High Court also noted that once a person comes of age, they are free to marry the person of their choice.
At the same time, the High Court made an observation concerning the circumstances in which the couple had divorced and subsequently remarried. The Bench observed that “the pious institution of marriage should not be taken lightly.”
It further observed that "on account of some trivial dispute", obtaining a mutual divorce and thereafter again remarrying when the couple has two children was "really a sorry state of affairs".
The Bench, however, made it clear that the protection recognized in Lata Singh would remain available to the petitioners.
The High Court accordingly disposed of the writ petition after granting the couple protection against interference with their peaceful marital life.
Case Title - Nitin Mishra v. Union Of India And 6 Others 2026 LiveLaw (AB) 760
Case Citation: 2026 LiveLaw (AB) 760