Advocates appeared:
For the Petitioner(s): Mr. Yasobant Das, Sr. Adv. Mr. Dhananjay Bhaskar Ray, AOR

Key Points

• Marriage between parties solemnized on 05.01.2004 according to Hindu rituals after eight years of courtship; parties acquired Canadian citizenship for financial reasons and lived happily in Canada initially; male child born on 21.05.2010. [1000788570002][1000788570010]
• Appellant faced health issues (back/shoulder pain, rag weed allergy) leading to job loss during recession; family returned to India on 29.01.2011; respondent left matrimonial home on 20.02.2011 to join parents, refused to cohabit despite requests, insisted on returning to Canada; parties resided together last till 19.02.2011 at appellant's mother's house in Mumbai. [1000788570002][1000788570010]
• Family mediation attempts failed; respondent left for Canada with son; appellant's emails and requests for cohabitation ignored. [1000788570002]
• Appellant filed petition under Section 9 Hindu Marriage Act for restitution of conjugal rights, uncontested by respondent despite service; later withdrawn. [1000788570003][1000788570011]
• Appellant then filed divorce petition on grounds of cruelty and desertion; proceeded ex-parte as respondent unrepresented despite service; Family Court dismissed, holding no cruelty established. [1000788570003][1000788570004]
• High Court affirmed Family Court dismissal in appeal, finding no case of cruelty or desertion. [1000788570002][1000788570005]
• Parties living separately since February 2011 with no contact for nearly 13 years; respondent failed to appear despite service of summons in Section 9 proceedings, divorce trial, High Court, and Supreme Court; conduct shows unwillingness to continue marriage. [1000788570007][1000788570011][1000788570014]
• Respondent demanded appellant separate from family and live separately, which he could not fulfill. [1000788570010]
• Case qualifies as irretrievable breakdown of marriage: no possibility of cohabitation, emotionally dead; sufficient separation period (over 6 years relevant, here 13 years); respondent's non-response confirms no reconciliation prospects. [1000788570006][1000788570012][1000788570013][1000788570014]
• Supreme Court exercised jurisdiction under Article 142(1) Constitution of India to grant divorce on irretrievable breakdown for complete justice, even without statutory ground; discretion exercised cautiously after evaluating separation duration, failed reconciliation attempts, non-cohabitation, respondent's conduct, etc. [1000788570012][1000788570013][1000788570015]
• Marriage solemnized on 05.01.2004 dissolved by decree of divorce. [1000788570002][1000788570015]
• A dead marriage must be given a decent quietus.