Read HC Judgment
High Court of Punjab and Haryana in one of its recent judgements allowed an appeal and granted divorce decree in favour of the husband and stated that where marriage is irretrievably broken and still the wife is not ready to give mutual divorce just to make life of the husband miserable must be given divorce decree.
Observations were made by two judge bench of Justice Ritu Bahri and Justice Ashok Kumar Verma.
Brief Facts of the Case:
In the case of Som Dutt v. Babita Rani , the appellant is the husband who had filed suit against his wife for dissolution of marriage on grounds of cruelty. The appellant and respondent are living separately for about 23 years and it is alleged by the appellant that his wife is suffering from an incurable mental illness and becomes violent frequently and had deserted the appellant for a long period of time without any reasonable cause. However all the allegations made by the appellant had been refuted by the respondent. Subsequently his suit was dismissed by the trial court on the grounds that the appellant had failed to prove his grounds of dissolution before the court.
Aggrieved by which the appellant had filed an appeal before the high court seeking to quash the judgment of trial court and grant the decree of divorce in his favour.
High Court's Observation:
High Court of Punjab and Haryana while perusing the records stated that after multiple attempts of reconciliation no scope of improvement or compromise was found.
The court observed that the main issue for consideration is whether the relationship of husband and wife has ended and if wife is not ready to give mutual divorce to her husband ,will this be a ground of cruelty towards the husband especially when wife is living apart from her husband from 23 years ending any way to cohabit her marriage. The court referred to supreme court judgments in case of Chandra Kala Trivedi vs. Dr. S.P.Trivedi, A. Jayachandra Vs. Aneel Kaur, 2004 Latest Caselaw 691 SC, Naveen Kohli Vs. Neelu Kohli, 2006 Latest Caselaw 135 SC, Samar Ghosh Vs. Jaya Ghosh, 2007 Latest Caselaw 273 SC and K. Srinivas Rao vs. D.A. Deepa and stated that “if it is found that the breakdown is irreparable, then divorce should not be withheld. The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties”.
By keeping in the view of such long desertion of parties and other circumstances the court allowed the appeal, with directions to the appellant to make FD of 10lakhs as permanent alimony for the respondent.
CASE TITLE: Som Dutt v. Babita Rani
CASE DETAILS: FAO-M-118-M of 2004
CORAM: Justice Ritu Bahri and Justice Ashok Kumar Verma
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