VIKRAM NATH, SANDEEP MEHTA
Salil Dhawan – Appellant
Versus
Priyanshi Ghai – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. The present appeal arises out of the judgment and order dated 3rd October 2024 passed by the High Court of Allahabad in First Appeal No. 930/2024, whereby the High Court dismissed the husband's appeal and upheld the order of the Family Court dismissing the divorce petition.
3. The facts giving rise to the present appeal are as follows:
3.1. The marriage between the appellant-husband and the respondent-wife was solemnised on 19th April 2017, in accordance with Hindu rites and ceremonies.
3.2. The appellant-husband is an officer in the Indian Army, and the respondent-wife is a qualified doctor (B.D.S.) 1[Bachelor of Dental Surgery.].
3.3. Owing to marital discord, the respondent-wife moved out of the matrimonial home. She attributed the breakdown of the marriage to the appellant-husband's alleged adultery.
3.4. On 30th April 2018, the respondent-wife made an application before the Army Authorities seeking monthly maintenance under Section 90(i) of the Army Act, 1950. An order was accordingly passed, and deductions were made at source from the appellant-husband's salary until September 2019.
3.5. On 1st October 2018, alleging mental and physical
(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 prolonged separation and irretrievable breakdown of marriage justify granting a divorce and awarding permanent alimony.
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.
Divorce – Continuance of an acrimonious marital bond, would serve no meaningful purpose and would only prolong agony of both spouses.
(1) Divorce – Article 142(1) of Constitution of India, Supreme Court can dissolve marriage on the ground of Irretrievable breakdown of marriage.(2) Hindu marriage is a sacrament and is considered to ....
(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 court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
Mutual consent for divorce was upheld, with the court exercising its powers under Article 142 to dissolve the marriage, setting aside the original decree based on desertion.
Divorce – Where marriage has ceased to exist both in substance and in reality, divorce is appropriate remedy.
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