DEHRADUN: A unique marital discord rooted in a clash of faith and belief has reached the Uttarakhand High Court, where a Hindu woman has sought divorce from her husband on the grounds that he is an atheist and refuses to observe traditional religious customs.
In the petition filed before the High Court, the petitioner, Poonam, contended that her husband and his family are followers of self-proclaimed saint Rampal, leading them to reject conventional Hindu rituals. She alleged that after marriage, she was told to remove the family temple from their home and pack away idols of the deities.
The matter intensified when, according to Poonam, her husband refused to participate in their son’s naming ceremony, citing that such religious customs held no meaning. This conflict in faith led her to file for divorce under the Hindu Marriage Act, 1955, in the Family Court, Nainital, which dismissed her plea.
Following this, the petitioner approached the Uttarakhand High Court. A Division Bench comprising Justice Ravindra Maithani and Justice Alok Mahra conducted the preliminary hearing and observed that there still exists a possibility of reconciliation.
In line with the legal principles of protecting familial harmony, the Court referred both parties for counselling, keeping in mind the welfare of their seven-year-old child. The counselling aims to either help the couple reconcile or facilitate a more amicable separation.
Senior Advocate Shiva Verma of Dehradun said, “The outcome of this case could set an important precedent in balancing religious freedom with the essential elements of marriage under Indian matrimonial law.”
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