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VIKRAM NATH, PRASANNA B. VARALE
Gajendra Singh – Appellant
Versus
Reena Balmiki – Respondent
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 respon
The court established that prolonged separation and irretrievable breakdown of marriage justify granting a divorce and awarding permanent alimony.
(1) A dead marriage can be dissolved in exercise of Supreme Court’s powers under Article 142 of Constitution of India.(2) Principle for determination of maintenance by way of one-time settlement appl....
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
(1) A dead marriage can be dissolved by Supreme Court by exercising discretionary power under Article 142 of Constitution.(2) Permanent alimony – Amount of permanent alimony should not penalize husba....
The Supreme Court emphasized that permanent alimony is to ensure dependent spouses are supported post-divorce, enhancing the amount to Rs. 5 lakhs due to inadequate initial award.
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
Divorce – A dead marriage can be given a decent quietus while protecting interest of divorced wife by granting her a decent alimony.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
Divorce – A dead marriage must be given a decent quietus – There is no purpose in perpetuating a legal bond that has long ceased to have any substance.
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