New Delhi: The Delhi High Court has ruled that a Hindu marriage, once duly solemnised, cannot be dissolved by signing a marriage dissolution deed before village elders or community members.
The ruling came while the court dismissed a petition filed by a CISF constable who had been removed from service for contracting a second marriage while his first marriage was still legally valid.
A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla observed that no legal provision recognizes the dissolution of marriage through informal village arrangements. The judges further clarified that Rule 18 of the CISF Rules applies to employees who enter into a second marriage even after joining service.
Citing the precedent set in Ex. Head Constable Bazir Singh v. Union of India, the court emphasized a pragmatic interpretation of the rule. “If a person with two wives is ineligible for appointment, it would be absurd to suggest that he can marry again after joining service,” the Bench remarked, stressing that such conduct makes the employee unfit to continue.
The petitioner had argued that his first marriage ended in 2017 through a deed executed in front of “social people and witnesses” in his village. The court rejected this argument, reiterating that such dissolution holds no legal validity under Hindu law.
While noting that compulsory retirement was awarded in the Bazir Singh case, the Bench clarified that no such relief could be granted here as the petitioner had not completed the qualifying service for retirement benefits. Concluding that the case was fully governed by existing precedents, the High Court upheld the disciplinary action and dismissed the writ petition.
