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Divorced Couple with Two Children Remarries; Warns Against Taking Marriage Lightly
Bench cautions that marriage is a 'pious institution' while granting protection to a remarried couple from family opposition
The has stepped in to protect the peaceful marital life of a divorced couple who remarried each other after obtaining a , but not without a strong word of caution. A division bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra observed that the “ should not be taken lightly” and described the couple's sequence of divorce and remarriage as “a sorry state of affairs.”
Despite its disapproval, the Court relied on the 's landmark ruling in Lata Singh v. State of U.P. to order police protection for the couple, ensuring no interference in their life from the wife's father, who opposed the remarriage.
A Second Chance at Family Life
The petitioners, Nitin Mishra and Roopa Rani, were originally husband and wife and had two children. At some point, they filed a joint petition for under and obtained a decree dissolving their marriage. However, after some time, the couple decided to remarry “in the interest of the entire family.” They solemnized their marriage at an Arya Samaj Temple on .
The trouble began when Roopa Rani's father expressed his disapproval of the marriage. Fearing that he might create hindrances in their peaceful life, the couple approached the High Court seeking a directing the police to take action against any interference and to help register their marriage.
Court's Reluctant Protection
While hearing the petition, the Court noted that since the petitioners were adults who had voluntarily remarried, no one—private or public—could obstruct their peaceful life. Citing the 's judgment in Lata Singh v. State of U.P. (), the bench reiterated that once a person becomes a major, they are free to marry whomever they choose, and the police must protect such couples from threats or violence.
However, the Court also expressed its dismay at the circumstances. “Before parting with the case, we find it appropriate to observe that the should not be taken lightly and on account of some trivial dispute, taking steps to get and thereafter again remarrying when the couple is having two children is really a sorry state of affairs,” the judges remarked in their order.
Key Observations
“...the should not be taken lightly and on account of some trivial dispute, taking steps to get and thereafter again remarrying when the couple is having two children is really a sorry state of affairs.” — Para 7 of the judgment
The Court nonetheless clarified that the protection recognized in Lata Singh would remain fully available to the petitioners, ensuring their right to live peacefully as a married couple.
Final Decision
The High Court disposed of the writ petition, directing the police authorities to ensure no interference in the petitioners' marital life. The order was passed without issuing notice to the wife's father, as the Court deemed it unnecessary in light of the relief granted.
While the couple has secured legal protection, the bench's strong words serve as a reminder that marriage, in the Court's view, is not a casual arrangement to be entered into and dissolved on a whim—especially when children are involved.
