Ramesh Ranganathan, J.

The estranged couple do not have any children. While their post-marriage life together was for a brief period of five months from 17.02.2005 to 31.07.2005, they are living apart for the past nearly a decade from August, 2005 onwards. It is not as if the petitioner has sought divorce in a rush of blood or in a fit of anger. It was, evidently, a well thought out and a conscious decision for H.M.O.P. No.26 of 2010 was filed by her, nearly five years after she started living away from the respondent from August, 2005 onwards. During the hearing of this appeal the respondent-wife, who obtained a decree of divorce from the Court below, filed an affidavit before this Court stating that she was willing to forego all claims of alimony and maintenance from the appellant-husband and to eschew all allegations made in the order under appeal, if he was willing for a divorce by mutual consent. The respondent also expressed her desire to leave her past behind, re-marry and start life afresh. The appellant-husband refuses to let go, and insists on an adjudication of the appeals on merits. Should a 36 year old woman, who wants nothing more from her spouse except to be let alone, continue to remain shackled in a loveless and unhappy marriage? Would absence of “irretrievable breakdown of marriage”, as a ground for dissolution of marriage under the Hindu Marriage Act, disable this Court from setting her free? I think not. I have had the advantage of perusing the judgment prepared by my Learned brother. I regret my inability to agree. I would not have ventured to differ from his weighty opinion, but for the fact that it would result in the respondent-wife not only being denied the opportunity to start life afresh in the marital company of another and beget children, but also in being forced to live in misery forever.

The appellant in C.M.A.No.1066 of 2012 was the respondent in H.M.O.P.No.26 of 2010 before the Senior Civil Judge, Gudur, SPSR Nellore District. The respondent in C.M.A. No.1066 of 2012 filed the petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 seeking dissolution of their marriage by a decree of divorce. Parties shall, hereinafter, be referred to as they were arrayed in H.M.O.P.No.26 of 2010 before the Court below.

In her petition, the petitioner stated that she married the respondent on 17.02.2005; at the time of her marriage 15 sovereigns of gold, Rs.5.00 Lakhs in cash and Rs.1.00 lakh worth of articles were given by them to the respondent through his sister; after marriage, the respondent took her to the USA where they stayed in the house of his brother Sri Muniprasad Reddy; the respondent used to harass her physically and mentally in the U.S.A to bring Rs.10.00 Lakhs as additional dowry; he threatened to give divorce and marry again if she failed to do so; he was not employed in the USA; she convinced the respondent and returned to India promising to give Rs.10.00 Lakhs; on their return to India on 30.07.2005, they went to Sullurpet and later to Vendodu; it was then that he disclosed the death of her brother and sister-in-law; even after he went to his native place at Srikalahasti, the respondent continued to demand payment of Rs.10.00 Lakhs; and she should, therefore, be granted divorce both on the grounds of cruelty and desertion.

In his counter, filed in reply thereto, the respondent contended that he married the petitioner on 17.02.2005 at Gudur; their marriage was also registered one month thereafter; after marriage, both he and the petitioner went to the USA on 28.05.2005 where he was employed; after reaching there, he came to know that the petitioner’s elder brother Sri Ranga Reddy died in a car accident on 31.05.2005, and later her sister-in-law also died; as she wanted to see her mother and family members, he took her back to India on 30.07.2005; they went to Sullurpet and stayed at his brother-in-law’s house for two days; they then went to the petitioner’s village ie V