ANUPAM AGARWAL Vs. MICKEY AGARWAL & ANR.

JUDGEMENT

(1.) The petitioner - party-in-person Sri Anupam Agarwal, is seeking the relief of declaration that Sec. 13 of the Hindu Marriage Act, 1955 ('the said Act' for short) is ultra vires of the Constitution of India. He submits that as per the Hindu religion, marriage is a sacrament. The husband and wife in this world would remain so in the next world also. Therefore the law cannot provide for the dissolution of the marriage.

(2.) The petitioner submits that Sec. 13 of the said Act dealing with the dissolution of the marriage amongst the Hindu is opposed to Art. 25 of the Constitution of India. He submits that the law cannot be enacted to regulate the religious affairs. In support of his submissions, he relies on the following decisions:

(3.) He submits that the Law Commission has already submitted the report that the children would suffer, if their parents' marriage is dissolved. He submits that the State cannot be permitted to dissolve the marriage to bring about order in the society.