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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RITU BAHRI, CJ., RAKESH THAPLIYAL, J.
Abhishek Singh - Appellant
Versus
Smt. Mamta Panwar - Respondent
First Appeal No. 81 Of 2018
Decided On : 18-07-2024
DIVORCE - HINDU MARRIAGE ACT - The court affirmed the Family Court's decision to grant a divorce, citing the marriage as a 'dead marriage' due to over ten years of separation and lack of emotional bonding. The court interpreted the legal provisions under the Hindu Marriage Act, 1955, emphasizing that continued marriage under such circumstances would constitute cruelty. The decision was influenced by precedents from the Supreme Court regarding the dissolution of marriages lacking any viable relationship.
Fact of the Case:
The appellant-husband appealed against the Family Court's decree granting divorce to the respondent-wife, following their separation since June 2014. The marriage, solemnized on June 25, 2012, produced no children and was deemed a dead marriage.
Finding of the Court:
The court found that the prolonged separation and absence of emotional connection justified the dissolution of the marriage. It upheld the Family Court's ruling while modifying the alimony aspect, as the respondent-wife expressed her willingness to forgo the awarded permanent alimony.
Issues: Whether the marriage can be considered a dead marriage warranting divorce under the Hindu Marriage Act, and the implications of permanent alimony in such cases.
Ratio Decidendi: The court established that a marriage can be deemed dead when there is a significant separation period without reconciliation prospects, aligning with the principles set forth in previous Supreme Court judgments.
Result: The appeal was dismissed, affirming the Family Court's decree of divorce while modifying the alimony order based on the respondent's request to relinquish it.
JUDGMENT :
(Ritu Bahri, CJ.)
The present appeal has been filed by the appellant-husband against the impugned judgment and decree dated 23.04.2018 passed by the Court of Additional Judge, Family Court, Dehradun in Original Suit No. 73/2014 “Smt. Mamta Panwar v. Shri Abhishek Singh”.
2. The marriage of the parties was solemnized on 25.06.2012. There is no child from this marriage, and both the parties are living separately since 04.06.2014. The marriage between the parties is a dead marriage in view of the judgments of the Hon’ble Supreme Court.
3. The relevant details of the present appeal are as follows :-
| Date of marriage. | 25th June, 2012. |
| Date of separation. | 04th June, 2014. |
| Details of the criminal proceedings between the parties. | No criminal proceedings. |
| Issues from the marriage. | None. |
| Decision of the Family Court. | Petition of the respondent-wife, under Section 13 of the Hindu Marriage Act, 1955, has been allowed vide order dated 23.04.2018. |
| Maintenance decided by the Family Court. | Rupees Twenty Lakhs has been awarded as permanent alimony to the respondent-wife. |
| Reliance placed on the judgments of the Hon’ble Supreme Court on the issue of dead marriage. | 1. Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511. 2. Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC OnLine SC 544. 3. Prakashchandra Joshi v. Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah, 2024 INSC 55. |
4. As per the judgment of the Family Court, vide order dated 23.04.2018, the Divorce Petition of the respondent-wife has been allowed, and the marriage between the parties has been dissolved through a decree of divorce.
5. Counsel for the respondent says that the respondent is ready to give up the permanent alimony of Rupees Twenty Lakhs awarded by the learned Family Court vide impugned order and decree dated 23.04.2018.
6. In the present case, the marriage of the parties was solemnized on 25.06.2012, and both the parties are living separately since 04.06.2014. There is more than 10 years’ separation between the parties. There is no child from the marriage.
7. Keeping in view the facts of this marriage, it can be said that this marriage is nothing more than a dead marriage, and if both the parties are not granted divorce, it will amount to cruelty to both the parties. There is no emotional bonding between the parties, and there is no scope of patch-up between them, keeping in view the long period of separation of more than 10 years.
8. Accordingly, the present Appeal is dismissed. The impugned order and decree dated 23.04.2018 granting divorce to the parties is affirmed. However, the impugned order and decree dated 23.04.2018 is modified to the extent that no permanent alimony will be given to the respondent-wife, as she does not want any permanent alimony.
9. Pending application(s), if any, also stand disposed of accordingly.
A marriage can be legally dissolved under the Hindu Marriage Act when it is established as a dead marriage due to prolonged separation and lack of emotional ties, with the court emphasizing the need ....
Long-term separation and lack of emotional bonding can justify the granting of divorce under the Hindu Marriage Act.
The court established that prolonged separation and absence of cohabitation constitute cruelty under the Hindu Marriage Act, justifying the grant of divorce.
Prolonged separation constitutes a dead marriage, allowing for divorce under Hindu Marriage Act, with mental cruelty as a valid ground.
A marriage can be deemed a 'dead marriage' due to prolonged separation and lack of emotional connection, impacting divorce proceedings and alimony claims.
Mutual consent for divorce under the Hindu Marriage Act can lead to a decree of divorce when both parties agree to the terms and do not seek permanent alimony, promoting judicial efficiency and fairn....
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
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