The court affirmed that a marriage can be dissolved due to irretrievable breakdown, emphasizing the husband's obligation for permanent alimony and child maintenance despite the Divorce Act's silence on such provisions.

JUDGMENT  :

(G.R. SWAMINATHAN, J.)

The marriage between Selvasingh and R.K.Dhivya was solemnized on 19.01.2018 at Pettai, St.Antony's Church as per the Christian rites and customs. A girl child was born through the wedlock on 06.07.2020. Selvasingh was employed as Marine Engineer. The marital relationship came under strain. Alleging that the acts of the wife constituted cruelty, Selvasingh filed D.O.P.No.199 of 2020 on the file of the Court of Family Judge, Tirunelveli seeking dissolution of marriage. Dhivya filed counter controverting the allegations made by her husband. The husband examined himself as P.W.1. One Baskar, a relative was examined as P.W.2. Ex.P.1 to Ex.P.10 were marked. Dhivya examined herself as R.W.1 and marked a copy of the complaint given by her before AWPS, Palayamkottai as Ex.R.1. After considering the evidence on record, the trial Judge vide order dated 29.07.2022 allowed the DOP in the following terms:-

“18. In the result, this petition is allowed and the marriage between the petitioner and the respondent solemnized on 19.01.2018 is hereby dissolved by granting decree for divorce u/s.10(1)(x) of Divorce Act and the petitioner is directed to pay a sum of Rs.10,00,000/- each as permanent alimony to the respondent and her child within two months from the date of this order as per Section 37 of the Divorce Act and it is specifically ordered that this decree shall take effect only on payment of above said amount by the petitioner to the respondent and her child. Both parties are hereby directed to bear their own costs.”

2. Aggrieved by the same, Dhivya filed C.M.A.(MD)No.886 of 2022. Aggrieved by the direction to deposit a sum of Rs.10 Lakhs towards permanent alimony, Selvasingh filed cross objection in C.M.A.(MD)No.986 of 2022.

3. The learned counsel on either side reiterated all the contentions set out in the respective memorandum of grounds of civil miscellaneous appeals.

4. The point for determination is whether the Court below was justified in dissolving the marriage.

5. The stand of the husband can be summarised as follows:- The appellant was not a dutiful wife. She would often quarrel with him. She had suicidal tendencies. On one occasion, she consumed Phenyl. She filed several false complaints before the police against the petitioner and her in-laws. On 20.01.2020, she took back all her jewels. She made it clear that she did not want to live with the petitioner. She did not come for counselling. The relationship between the parties had irretrievably broken down.

6. The appellant / wife had denied the allegations made by her husband. She admitted the execution of Ex.P.9 in her cross examination. Ex.P.9 reads as follows:-

Of course, she had claimed that Ex.P.9 was written under pressure.

7. Admittedly, the appellant /wife lodged complaint on 08.10.2020 before AWPS, Palayamkottai. Subsequently, she also filed DVC No.15 of 2020 before the Judicial Magistrate, Kovilpatti. We went through the averments set out in the Domestic Violence complaint. A bare reading would clearly lead to the conclusion that the relationship between the parties had completely broken down. It is also relevant to note that the appellant had not taken any step for re-union. She did not file any petition for restitution of conjugal rights. She never gave any notice indicating her stand that she wants re-union. More than anything else, she had taken back all of her jewel on 20.01.2020 itself. The marriage had taken place on 20.01.2018 and the fact that on the second anniversary, the jewellery was taken back would show that the situation had reached a point of no-return. It appears that some of her articles are still with the husband and she indicated her willingness to take them back. The appellant admittedly left the matrimonial home on 26.10.2019.

8. The Hon'ble Supreme Court in the decision reported in 2023 SCC OnLine SC 497 ( Shri Rakesh Raman Vs. Kavitha ) had held as follows:

“2