Shiv Sena-BJP break-up: Concept of divorce not new to law of marriages, says Bombay High Court

Mumbai: Observing that the concept of divorce is not new to the laws of marriage, the Bombay High Court on Thursday refused to stay the swearing-in ceremony of Uddhav Thackeray as the chief minister of Maharashtra. The HC has also refused to grant an urgent hearing to the matter.

Interestingly, two separate benches of the HC refused to hear on an urgent basis, the plea filed by ‘supporters’ of the BJP. The petition sought a direction to the BJP and the Shiv Sena to come together and form the government, in keeping with their 'pre-poll' alliance.

A bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre was moved by advocate Mathew Nedumpara, appearing for BJP supporters.

Nedumpara mentioned his petition before CJ Nandrajog seeking an urgent hearing, even as another bench of Justices Satyaranjan Dharmadhikari and Riyaz Chagla turned down his similar request.

CJ Nandrajog sought to know what the petition was about, after which Nedumpara said the plea seeks a stay on the swearing-in of Uddhav as the CM of the state.

He further apprised the bench of the fact that the BJP and Shiv Sena were in an alliance and they even contested together; however, after the results, the saffron allies parted ways.

CJ Nandrajog interrupted the submissions, asking, “Is the concept of divorce new to the laws of marriage?”“When another bench of this court, which has the assignment to hear such petitions, has refused to take up the matter, why should we interfere?

Let the concerned bench take up the matter as per its schedule,” CJ Nandrajog added.According to Nedumpara, the swearing-in of Uddhav is “unconstitutional and void” as the Sena has breached the trust of the voters, who voted for the saffron party alliance to form a government.

Prior to this, the bench led by Justice Dharmadhikari had refused to hear the petition, saying it did not have time to hear the matter.The petition claims, the Sena has cheated its voters by joining hands with its 'ideological' enemies – the NCP and the Congress – under the Maha Vikas Aghadi front.

Notably, the Shiv Sena stitched a new alliance with Nationalist Congress Party and the Congress, after falling out with its nearly three-decade old ally BJP over the sharing of the CM's post for two-and-a-half years by the two parties.

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