Hindu marriages sacred, cannot be dissolved like contracts: Allahabad High Court
Prayagraj: The Allahabad High Court has reiterated that Hindu marriages are sacred and cannot be dissolved like contracts. The court observed that legal dissolution can only occur in limited circumstances and must be supported by evidence from both parties involved.
A division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh made this observation while allowing an appeal filed by a woman challenging the dissolution of her marriage. The bench noted that divorce by mutual consent can only be granted if the consent remains valid until the final order is passed.
The woman had filed an appeal against the 2011 judgment of an additional district judge in Bulandshahr, which allowed the divorce petition filed by her husband. The couple, who were married in February 2006, faced marital discord after the woman allegedly deserted her husband, an Indian Army employee, in 2007. In 2008, the husband filed for divorce.
While the woman initially consented to the divorce, she later withdrew her consent and contested the proceedings. The High Court pointed out that the lower court had erroneously granted the divorce based on the wife's initial statement, without considering subsequent developments. The HC overturned the lower court's decision, stating that the wife's withdrawal of consent should have been acknowledged.
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Simultaneous polls: Not possible in a democracy like India, says Deputy CM DK Shivakumar
Bengaluru, Sep 18: Karnataka Deputy Chief Minister D K Shivakumar on Wednesday said simultaneous elections are not possible in a democracy like India.
The state Congress President stressed on the need for "bringing in consensus and unanimity in opinion among all parties" in this regard.
Moving ahead with its "one nation, one election" plan, the government on Wednesday accepted a high-level panel's recommendations for holding simultaneous polls for the Lok Sabha, state assemblies and local bodies in a phased manner after a countrywide consensus-building exercise.
"The 'one nation, one election' that they are planning to do, aimed at saving the government's money, is not possible in a democratic country like ours. Who thought about 'Operational Lotus'? (toppling non-BJP governments by luring opposition MLAs), it is BJP. They are the ones who caused several elections. How can it (multiple elections) be stopped?" Shivakumar said.
Speaking to reporters here, he alleged that the BJP is trying to destabilise several opposition-ruled State governments.
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"As regional parties are growing, they don't want them to grow, so they are making these efforts. All parties should give an equal opportunity in this country," Shivakumar added.
In its report submitted to the government in March, just before the general election was announced, the panel headed by former president Ram Nath Kovind had recommended implementing "one nation, one election" in two phases -- simultaneous polls for the Lok Sabha and state assemblies in the first phase and elections for local bodies like panchayats and municipal bodies within 100 days of the general election in the second phase.
It also recommended a common electoral roll, which would need coordination between the Election Commission of India and state election commissions.
Noting that 'one nation, one election' was in place earlier, Shivakumar said: "In our state we have held elections (both Lok Sabha and assembly) together in the past, but was it possible later? Cabinets (of state) decided to go for polls either three or six months early sometimes, in some states Assemblies were dissolved, all these things are there. There should be clarity."
Without a two-thirds majority, the central government's decision to go ahead is not right, he said. "There is no such option in democracy....Bring consensus among all parties and let there be a unanimous opinion, without unanimous opinion, such decisions are a waste."
