VIKRAM NATH, SANDEEP MEHTA
Jatinder Kumar – Appellant
Versus
Jeewan Lata – Respondent
| Table of Content |
|---|
| 1. facts surrounding the marriage and prior legal proceedings. (Para 3 , 4) |
| 2. arguments regarding the irretrievable breakdown of marriage. (Para 6 , 7) |
| 3. court's observations on the possibility of reconciliation. (Para 8) |
| 4. determination of permanent alimony and conditions of divorce. (Para 9 , 10) |
| 5. final judgment on appeal and orders of divorce. (Para 12 , 13 , 14) |
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. Heard.
3. The present appeal arises out of the impugned order dated 28th February 2014 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No. M-246 of 2012, whereby the High Court dismissed the appellant- husband’s appeal and affirmed the dismissal of his petition seeking dissolution of marriage.
4. The facts giving rise to the present appeal, in brief, are as follows:
4.2. Both parties are teachers by profession. Prior to the marriage, the respondent-wife was working as a teacher in Government Elementary School, Hansron, Tehsil Nawanshahr, Punjab.
4.3. The appellant-husband contends that the marriage was strained. In Octob
Divorce – Continuance of an acrimonious marital bond, would serve no meaningful purpose and would only prolong agony of both spouses.
Divorce – Marriage can be dissolved on the ground of irretrievable breakdown – A dead marriage must be given a decent quietus.
Divorce – Where marriage has ceased to exist both in substance and in reality, divorce is appropriate remedy.
The Supreme Court dissolved the marriage due to irretrievable breakdown under Article 142, and awarded Rs.1,25,00,000 as permanent alimony after acknowledging the husband's lack of support.
A dead marriage must be given a decent quietus.
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.
:A dead marriage must be given a decent quietus – Decree of divorce can be granted on account of irretrievable breakdown of marriage between parties.
Divorce – A dead marriage must be given a decent quietus.
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.