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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ritu Bahri, C.J., Rakesh Thapliyal, J.
Bhupendra Pant - Appellant
Versus
Neelam Pant - Respondent
First Appeal No. 174 OF 2022
Decided On : 20-06-2024
Divorce - Family Law - Hindu Marriage Act - Sections 13(1-A)(ii), 9 - The court interpreted the provisions of the Hindu Marriage Act, emphasizing the significance of full disclosure in divorce proceedings and the implications of long-term separation on the validity of marriage.
Fact of the Case:
The appellant-husband filed an appeal against the Family Court's dismissal of his divorce petition under the Hindu Marriage Act, citing a long separation since 1999 and no children from the marriage.
Finding of the Court:
The court found that the marriage was effectively a dead marriage due to the 25 years of separation and the absence of emotional bonding, warranting the granting of divorce.
Issues: Whether the Family Court erred in dismissing the divorce petition based on non-disclosure of material facts by the appellant.
Ratio Decidendi: The court held that the long separation and lack of emotional connection justified the granting of divorce, despite the appellant's failure to disclose certain facts.
Result: The appeal is allowed, and divorce is granted with an order for permanent alimony.
JUDGMENT :
Ritu Bahri, C.J.
The present appeal has been filed by the appellant-husband against the impugned judgment and decree dated 16.08.2022 passed by the Judge, Family Court, Haldwani, District Nainital in Civil Case No. 02/2017 “Shri Bhupendra Pant v. Smt. Neelam Pant”.
2. The marriage of the parties was solemnized on 03.02.1991. There is no child from the marriage, and both the parties are living separately since 1999. The marriage between the parties is a dead marriage in view of the judgment of the Hon’ble Supreme Court.
3. The relevant details of the present appeal are as follows :-
| Date of marriage. | 03rd February, 1991 |
| Date of separation. | March, 1999 |
| Details of the criminal proceedings between the parties. | No criminal proceedings. |
| Issues from the marriage. | None. |
| Decision of the Family Court. | Petition of the appellant-husband, under Section 13 (1-A)(ii) of the Hindu Marriage Act, 1955, was dismissed vide order dated 16.08.2022 |
| Maintenance decided by the Family Court. | No maintenance has been given. |
| Reliance placed on the judgments of the Hon’ble Supreme Court. | 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. The divorce petition has been dismissed on the ground that the plaintiff did not place all the facts before the Court. The plaintiff deliberately did not disclose about the order dated 18.02.2004, which was crucial for deciding Original Case No. 137/2010, which was filed under Section 9 of the Hindu Marriage Act, 1955. The said case was decided vide judgment dated 03.08.2012, wherein a finding was returned by the Family Court that “the respondent without reasonable cause separated herself from the companionship of plaintiff”. Therefore, on the basis of non-compliance of said order dated 03.08.2012, it cannot be held that there has been no restitution of conjugal rights, as material facts were concealed by the plaintiff before the learned Family Court.
5. The marriage of the parties was solemnized in the year 1991, and both the parties are living separately since 1999. There is 25 years’ separation between the parties. There is no child from the marriage.
6. 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 25 years. Even the mediation between the parties has also failed, as per the Mediation Report provided by the Mediator dated 13.06.2024.
7. The appellant is present in Court. He has made a statement that an amount of Rupees Seven Lakhs will be paid to the respondent within a period of two months, as permanent alimony.
8. In view of the above-said discussion, the present Appeal is allowed, and the judgment and order dated 16.08.2022 passed by the learned Judge, Family Court, Haldwani, District Nainital is set-aside. Divorce is granted to the parties.
9. Permanent alimony of Rupees Seven Lakhs shall be paid to the respondent-wife within two months’ time.
10. Pending application(s), if any, also stand disposed of accordingly.
Long-term separation and lack of emotional bonding can justify the granting of divorce under the Hindu Marriage Act.
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 ....
The court established that prolonged separation and absence of cohabitation constitute cruelty under the Hindu Marriage Act, justifying the grant of divorce.
A marriage can be deemed a 'dead marriage' due to prolonged separation and lack of emotional connection, impacting divorce proceedings and alimony claims.
Prolonged separation constitutes a dead marriage, allowing for divorce under Hindu Marriage Act, with mental cruelty as a valid ground.
The court established that an irretrievable breakdown of marriage can justify divorce under the Hindu Marriage Act, even in the absence of traditional fault grounds.
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
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