The court established that prolonged separation and irretrievable breakdown of marriage justify granting a divorce and awarding permanent alimony.

JUDGMENT

VIKRAM NATH, J.

1. Leave granted.

2. The instant appeal has been preferred by the appellanthusband against the order dated 28.11.2022 passed by the High Court of Uttarakhand in Criminal Revision No. 396 of 2017 wherein the High Court dismissed the said revision petition.

3. Brief facts of the case are that the marriage between the appellant-husband and the respondent-wife was solemnised on 6th October, 2006 as per Hindu vedic rites and rituals. The parties lived together for a little over a year and as per the appellant, the respondent left the matrimonial house on 25th December, 2007. The respondent also admits that they have been living separately since December, 2007, albeit as per her, it is due to the dowry demand and torture meted out to her at the hands of the appellant and his family.

4. Thereafter, the respondent instituted proceedings under Section 125 of the Code of Criminal Procedure, 1973 [Cr.P.C.] seeking maintenance from the appellant. The Judicial Magistrate First Class, Karanprayag, Chamoli, vide order dated 07.05.2010, allowed the respondent’s application and directed the appellant to pay a sum of Rs. 5,000/- (Rupees Five thousand only) per month to the respondent from the date of filing of the application.

5. Subsequently in November, 2015, the respondent preferred a complaint against the appellant and his family members under the Protection of Women from Domestic Violence Act, 2005 [DV Act] along with an application under Section 23 of the DV Act seeking grant of interim maintenance. Accordingly, the Judicial Magistrate, Dehradun, disposed of the said application vide order dated 20.06.2016 and directed the appellant to pay maintenance of Rs. 15,000/- per month in addition to earlier awarded amount of Rs. 5,000/- in the proceedings under Section 125 of the Cr.P.C. Additionally, the appellant was also directed to provide accommodation to the respondent.

6. As such, both the parties filed respective appeals before the Court of Additional Sessions Judge, Dehradun against the order dated 20.06.2016. Both the appeals were rejected vide order dated 25.09.2017, re-affirming the order passed by the Judicial Magistrate.

7. The appellant had earlier filed a suit for divorce which was contested by the respondent who was praying for a decree of restitution of conjugal rights. The Principal Judge, Family Court, Dehradun, vide order dated 22.01.2019, had rejected the appellant’s petition seeking divorce and allowed the prayer of the respondent seeking restitution of conjugal rights. The appellant had preferred an appeal against the order dated 22.01.2019 before the High Court which is still pending adjudication.

8. Aggrieved by the order dated 25.09.2017, the appellanthusband preferred the Criminal Revision before the High Court seeking an adjustment of Rs. 5,000/- which is being paid under Section 125 Cr.P.C. proceedings against the amount of Rs. 15,000/- which has been awarded under the DV Act and sought deduction of the previous amount from Rs. 15,000/- accordingly. However, the High Court refused to interfere in the assailed order and noted that the Courts below have taken into consideration the amount awarded under Section 125 of the Cr.P.C. and have accordingly decided the amount under the DV Act, and as such, no “adjustment” is required to be done. Accordingly, the Revision Petition was dismissed by the High Court.

9. Aggrieved, the appellant-husband is before us.

10. As there were longstanding arrears of maintenance, this Court, while issuing notice in the matter on 15.09.2023, had ensured that the appellant deposited a draft of Rs. 4,00,000/- drawn in favour of the Registrar, Supreme Court of India towards 50% amount of the arrears of the maintenance awarded. This amount was invested by the Registry in an interest bearing fixed deposit account in a nationalized bank.

11. Subsequently, on 18.03.2024, we had directed the abovementioned amount of Rs. 4,00,000/- along with the accrued interest thereon to be paid to the