IMPORTANT POINT
Divorce – Marriage can be dissolved on the ground of complete breakdown of marriage.

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. This is an unfortunate case in which the appellant-husband and respondent-wife, notwithstanding continuous separation at least from 2008, have not been able to settle their matrimonial dispute. For the sake of privacy, we have masked their names.

2. The marriage between the parties was solemnised on 25th March 1999. Two children were born from the marriage. Both of them are adults. The matrimonial dispute led to multiple litigations. The matrimonial discord started in 2006, which led to the appellant filing a petition under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘HM Act’) for restitution of conjugal rights. The petition was filed on 17th December 2008. By the judgment and decree dated 15th May 2013, the learned Additional Civil Judge (Sr.Division), Barnala, passed a decree of restitution of conjugal rights under which the respondent was directed to join the appellant's company within three months. According to the case of the appellant, as the respondent did not abide by the decree for restitution of conjugal rights, on 23rd August 2013, the appellant filed a petition under Section 13 of the HM Act before the Family Court at Barnala seeking a decree of divorce on the grounds of cruelty and desertion. Being aggrieved by the decree for restitution of conjugal rights, in the year 2013 itself, the respondent preferred an appeal before the High Court of Punjab and Haryana. The appeal was dismissed by the judgment dated 19th February 2015, and the decree for restitution of conjugal rights was confirmed.

3. On 1st August 2016, the learned Judge of the Family Court at Barnala allowed the divorce petition filed by the appellant and dissolved the marriage between the appellant and respondent. The respondent challenged the divorce decree by preferring an appeal before the Punjab and Haryana High Court. By the impugned judgment dated 4th October 2019, the High Court has set aside the divorce decree.

4. There were two other litigations between the parties. The respondent filed a petition under Section 125 of the Code of Criminal Procedure, 1973, claiming maintenance against the appellant. On 19th October 2013, the said petition was partly allowed. The Trial Court denied maintenance to the respondent on the ground that the respondent had refused to live with the appellant without any sufficient cause. However, the Trial Court directed the appellant to pay maintenance at the rate of Rs.3500/and Rs.4000/per month respectively to the children. The respondent filed a complaint before the Court of the Judicial Magistrate alleging the commission of offences punishable under Section 406 and 498A of the Indian Penal Code against the appellant. On 16th April 2014, the learned Magistrate dismissed the complaint. The respondent preferred a revision application against the order of dismissal of the complaint. The revision application was rejected by the order dated 18th October 2016 by the learned Additional Sessions Judge.

5. During the pendency of this appeal, the dispute was referred to the Supreme Court Mediation Centre. On 2nd August 2021, the learned Mediator submitted a failure report. Orders dated 22nd March and 6th May 2024 show that even this Court attempted to bring about a settlement. But the efforts could not succeed.

SUBMISSIONS

6. Shri Sukumar Pattjoshi, learned senior advocate appearing for the appellant, submitted that as the decree for restitution of conjugal rights was not abided by the respondent, a decree on the ground of desertion must follow. He submitted that consistent denial by the respondent to resume the matrimonial relationship caused mental cruelty to the appellant. Therefore, there was no reason for the High Court to disturb the decree of divorce.

7. Shri Sharma, learned counsel appearing for the respondent, submitted that after considering the evidence on record, the High Court found that the appellant failed to prove the grounds for divorce pleaded by him. He submitted