Ritika Singh Sisodiya
The court said that taking steps for mutual divorce and thereafter remarrying when the couple already had two children was a sorry state of affairs. Lucknow: The pious institution of marriage should not be taken lightly, the Allahabad High Court has observed while granting protection to a couple who divorced by mutual consent over trivial disputes and later remarried despite having two children.
Subsequently, they decided to remarry in the interest of the entire family and solemnised their marriage at an Arya Samaj temple on April 2, 2026. Due to trivial disputes, they obtained a decree of divorce by mutual consent under the Hindu Marriage Act.
The couple had earlier been married and had two children, according to the petition. The couple told the court that the father of husband was opposed to their remarriage and they apprehended that he might create hurdles in their peaceful married life. The court noted that the facts were not disputed and that supporting documents had been placed on record. The court relied on the SC judgment in Lata Singh vs State of UP in which the apex court 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 an adult couple to violence on account of their marriage.
The bench, however, held that since the petitioners had earlier been husband and wife, had two children, had obtained a mutual divorce and subsequently remarried and were living together with their children, nobody could interfere with their peaceful life.