IMPORTANT POINT
The court established that prolonged separation and absence of cohabitation constitute cruelty under the Hindu Marriage Act, justifying the grant of divorce.

JUDGMENT :

(Ritu Bahri, C.J.)

The instant First Appeal has been filed by appellant-Smt. Preeti Chetari against the order dated 12.12.2018 passed by the Principal Family Judge, Family Court, Dehradun in Original Suit No. 594 of 2012 titled as ‘Smt. Preeti Chetari vs. Shri Veer Bahadur Singh Chetari’, whereby the suit filed by the appellant under Sections 13(1)(ia) and 25 of the Hindu Marriage Act, 1955 for divorce and permanent alimony has been dismissed.

2. The marriage between the parties was solemnized on 15.05.2007 and they are living separately since 27.07.2012. There is one child from the marriage, who is at present 15 years of age. 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 :-

4. As per the judgment of the Family Court, vide order dated 12.12.2018, the suit of the appellant-wife filed under Section 13(1) (ia) and 25 of the Hindu Marriage Act, 1955 has been dismissed.

5. Learned counsel for the appellant states that the appellant-wife does not want permanent alimony.

6. There is one criminal litigation pending between the parties.

7. The marriage of the parties was solemnized on 15.05.2007, and both the parties are living separately since 27.07.2012. There is more than 12 years’ separation between the parties. There is one male child from the marriage, who is at present about 15 years of age.

8. 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 12 years.

9. Recently, the Hon’ble Supreme Court in the case of Shri Rakesh Raman v. Smt. Kavita, 2023 LiveLaw (SC) 353 has examined the issue of dead marriage, and has held that in a case, where the marriage has broken down irretrievably, then it spells cruelty to both the parties, as in such a relationship each party is treating the other with cruelty, and hence it is a case of long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under Section 13(1) (ia) of the Hindu Marriage Act, 1955.

10. In view of the above-said discussion, the present Appeal is allowe