Hindu Marriage Cannot Be Dissolved by Signing Dissolution Deed Before Villagers: Delhi HC

The Delhi High Court has recently held that a duly solemnized Hindu marriage cannot be dissolved merely by signing a dissolution of marriage deed in front of village persons.

The Court passed the ruling while hearing a plea moved by a Central Industrial Security Force (CISF) constable who had challenged his dismissal from service for contracting a second marriage during the subsistence of his first marriage.

A division bench of Justices Hari Shankar and Om Prakash Shukla rejected the petitioner’s contention that the first marriage was dissolved by signing a marriage dissolution deed dated 15 October 2017 before “social people and witnesses.”

The Court said, “Needless to say, a duly solemnized Hindu marriage cannot be dissolved in such a fashion.”

Notably, the constable was subjected to a disciplinary enquiry, culminating in his dismissal from service for having violated Rule 18 of the Central Industrial Security Force Rules, 2001.

According to Rule 18 of the CISF Rules, 2001, which is placed in the chapter on “Recruitment,” a person contracting a second marriage while the first spouse is alive is “not eligible for appointment” to the Force, subject to possible exemption by the Central Government.

 Court observed that although Rule 18 of the CISF Rules appears to apply only at the stage of appointment, the interpretation cannot be so limited. The Bench relied on a coordinate Bench judgment in Ex. Head Constable Bazir Singh v. UOI, wherein it was held that if a person with two wives is not eligible even for appointment, it would be absurd to say that he would be permitted to contract a second marriage after joining service.

“The aforesaid rule has to be given pragmatic and constructive interpretation in order to advance and subserve the objective with which the said rule is inserted. The spirit and purport behind the Rule cannot be negated by such a hyper-technical approach which the petitioner seeks to advance,” the Court observed.

Noting that judgments of coordinate Benches are ordinarily binding precedents, the Court also pointed out that the Special Leave Petition against Bazir Singh was dismissed by the Supreme Court. Therefore, it is clear that Rule 18 of the CISF Rules would also apply to cases where an employee contracts a second marriage after joining service.

On merits, the Court noted that there was no dispute that the petitioner contracted a second marriage while his first marriage was still subsisting.

The petitioner’s only contention was that the first marriage had been dissolved by signing a marriage dissolution deed before village persons. The Court, however, categorically held, “We are unaware of any law or principle by which a duly solemnized Hindu marriage can be dissolved by signing a marriage dissolution deed in front of village persons.”

Therefore, the Court concluded that the petitioner had no defence on merits and that the case was fully covered by the judgment of the Division Bench in Bazir Singh.

Denying relief, the Court said," We noted the fact that in Bazir Singh, the punishment imposed was of compulsory retirement. Unfortunately, we cannot even reduce the punishment awarded to the petitioner as he has not rendered the qualifying service for compulsory retirement.”

Accordingly, the Court dismissed the present petition.

Case Title: Ashwani Kumar vs Union of India

Judgment Date: 20 August 2025

Bench: Justices C Hari Shankar and Om Prakash Shukla