It can be summarized that the marriage between the parties turns into a legal fiction though filled by a tie. Therefore, by failing to cut that tie, the law in such cases, does not uphold sanctity of marriage; on the contrary, it regards the feelings and emotions of the parties too lightly. Allahabad High Court: During evaluation of a case by the husband under Section 19 (1) of the Family Courts Act, 1984 along with Section 28 of the Hindu Marriage Act, 1955 (‘ HMA’) and Section 96 of Civil Procedure Code, 1908 against the order of the Family Court to reject the petition for the decree of divorce under Section 13 of HMA the division bench of Rajan Roy and Om Prakash Sh