IMPORTANT POINT
Even though irretrievable breakdown of marriage is not a ground for divorce, Supreme Court, under Article 142, can grant a decree of divorce on such ground.

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Marriages are said to be made in heaven. They are broken on earth. We are faced with a scenario where for the better part of almost two decades, the parties before us, who are husband and wife, have been engaged in multifarious litigation, including a divorce proceeding, which forms subject matter of the appeal before us.

2. The marriage between the parties was solemnized at Jalandhar according to Hindu rites on 23.4.2000, where apparently the family of the appellant was based. The family of the respondent is stated to have been based in Canada. It appears from the allegations that the constant period of stay of the parties was only for about two months, with the respondent moving back and forth, but, undisputedly on 24.5.2001, the respondent left for Canada to be with her family. It is the case of the appellant that this was not with his consent, while on the other hand it is the case of the respondent that she was making an endeavour for immigration of the appellant to Canada, and at his behest. The respondent did not return to India till 16.8.2002, which was soon after she obtained Canadian citizenship on 6.8.2002. It is also an admitted position that during this time, no papers were filed with the Canadian authorities for immigration of the appellant and that the respondent puts the blame on incomplete papers sent by the appellant. As to why the papers could not be completed over such a long period of time is a moot point. It does appear that the respondent was apparently interested in Canadian citizenship and only after having achieved that, came back to India.

3. The parties resided for barely two and a half months together, when a fight is stated to have broken out between the parties and the respondent again left the company of the appellant. There was an intervention by the Panchayat and the parties were asked to reside separately from their family, in a rented accommodation, but that too did not last for more than a couple of months. The respondent is stated to have left the common residence on 15.4.2003 after an altercation and then again left for Canada.

4. The aforesaid resulted in the appellant filing a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty, on 16.5.2003.

5. It is the appellant’s case that he had reasonable apprehension about the safety of his life and limb, and that the respondent was really not interested in living with the appellant in India, away from Canada. The loneliness and lack of co-habitation is stated to have caused physical and mental torture. The appellant also sought to make out a case that the respondent was suffering from depression and was on medication. Despite the appellant’s stable job in India, the respondent kept on pressuring him to shift to Canada, and despite his reluctance he had signed the immigration papers in order to save his marriage. However, the papers were never submitted. In fact, he came to know that the respondent herself had reached Canada on improper travel documents and, thus, could not apply for the appellant’s immigration. It is the further submission of the appellant that all stridhan was taken away by the respondent in April, 2001 itself. The appellant has alleged that the respondent was extremely suspicious and maligned his character in front of his colleagues on the basis of alleged liaisons with his colleagues.

6. The respondent naturally had her own version and claimed to have travelled to Canada to meet his insistence of immigrating to Canada, though she admitted that she had not taken any documents of the appellant with her to Canada. She, in fact, blamed the appellant of abandoning her and made various other allegations including of dowry, physical assault and extra-marital affairs. In respect of her continued stay in Canada she claims to have had an “insect bite”! In her testimony, she claims that an unconsented abortion took place when she was taken to a doctor, thoug