Nayan Bhowmick vs Aparna Chakraborty

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 2052

MANMOHAN, JOYMALYA BAGCHI
Nayan Bhowmick – Appellant
Versus
Aparna Chakraborty – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Arvind Kumar Gupta, AOR
For the Respondent(s): Mr. Bikas Kar Gupta, Adv. Mr. Azim H. Laskar, Adv. Mr. Chandra Bhushan Prasad, AOR Mr. Nilkamal Chaubey, Adv.

Table of Content
1. grounds for divorce based on desertion (Para 2 , 3 , 4 , 5 , 6 , 7)
2. discussion of evidence regarding desertion (Para 8)
3. arguments for and against desertion claim (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
4. long separation constitutes cruelty (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
5. exercise of article 142 for divorce (Para 28 , 29 , 30 , 31 , 32 , 33)
6. final order of dissolution based on irretrievable breakdown (Para 34 , 35)

JUDGMENT :

MANMOHAN, J.

1. The present Appeal has been filed challenging the judgment dated 13th April 2011 passed by the Gauhati High Court (Shillong Bench), whereby the appeal filed by the Respondent-wife was allowed and the judgment and decree dated 9th March 2010 dissolving the marriage on the ground of desertion by the Respondent-wife passed by the Additional Deputy Commissioner (Judicial), Shillong was set aside.

FACTUAL BACKGROUND

2. Briefly stated, the relevant facts are that the marriage between Appellant and Respondent was solemnized according to Hindu rites and rituals on 04th August 2000 at Shillong. The parties knew each other prior to their marriage as they had been working together since 1992 as Development