The Allahabad High Court has held that no private or public person can interfere with the peaceful life of a couple who remarried after obtaining a decree of mutual divorce and began living together again with their two children. A Division Bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra extended protection to the petitioners in light of the Supreme Court’s ruling in Lata Singh v. State of U.P. and another.
The petitioners had approached the Lucknow Bench seeking directions to the authorities to take appropriate legal action against the father of petitioner no. 2 and ensure that there was no interference in their peaceful marital life. They also sought police protection so that they could get their marriage registered.
Couple Remarried After Mutual Divorce
According to the judgment, the petitioners were earlier married and had two children. Following what the Court described as trivial disputes, they filed an application for divorce by mutual consent under Section 13-B of the Hindu Marriage Act and obtained a divorce decree.
Subsequently, they decided to reunite in the interest of the family and remarried at an Arya Samaj Temple on April 2, 2026. The Court noted that a marriage certificate had been placed on record.
The petitioners stated that the father of petitioner no. 2 did not approve of the remarriage and they apprehended that he might create obstacles in their peaceful life. The Court recorded that the facts were supported by documents filed with the petition.
No One Can Create Hindrance in Couple’s Peaceful Life
The High Court observed that the petitioners had earlier been husband and wife, had two children, obtained a mutual divorce and subsequently remarried before resuming their life together with their children.
The Bench said:
“no one can create any hindrance in their peaceful life, be it a private person or a public person”
The Court relied on the Supreme Court’s decision in Lata Singh, where it was held that adults are free to marry a person of their choice and that family members who disapprove may sever social relations but cannot threaten, harass or commit acts of violence against the couple.
Quoting the Supreme Court, the High Court reproduced the observation:
“This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes.”
The Supreme Court had further directed police and administrative authorities to ensure that adult couples entering inter-caste or inter-religious marriages are not subjected to harassment, threats or violence.
Court Cautions Against Taking Marriage Lightly
Before disposing of the petition, the Bench also expressed concern over the circumstances in which the couple had first divorced and later remarried.
It observed:
“the pious institution of marriage should not be taken lightly and on account of some trivial dispute, taking steps to get mutual divorce and thereafter again remarrying when the couple is having two children is really a sorry state of affairs.”
At the same time, the Court clarified that the protection flowing from the Supreme Court’s ruling in Lata Singh would remain available to the petitioners. The writ petition was accordingly disposed of.
Case Title: Roopa Rani And Another v. State Of U.P. Through Principal Secretary Home And 3 Others
Case No.: Criminal Misc. Writ Petition No. 9388 of 2026
Bench: Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra
Date: September 23, 2026
