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RITU BAHRI, RAKESH THAPLIYAL
Preeti Chetari – Appellant
Versus
Veer Bhadur Singh Chetari – Respondent
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 :-
| Date of marriage | 15.05.2007 |
| Date of Separation | 27.07.2012 |
| Details of the criminal proceedings between the parties. | 1) FIR No. 0052, P.S. Vasant Vihar, under Sections 323, 498, 504, and 506 dated 17.02.2023. |
| Issues from the marriage |
|
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 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.
Prolonged separation constitutes a dead marriage, allowing for divorce under Hindu Marriage Act, with mental cruelty as a valid ground.
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
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....
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
(1) Divorce – Irretrievable breakdown of marriage may not be a ground for dissolution of marriage, under Hindu Marriage Act, but it is a ground for dissolution of marriage under Section 13(1)(1a) of ....
Mental cruelty justifies divorce; unilateral refusal of cohabitation and long-term separation erode marital obligations under Hindu Marriage Act.
The court upheld the dissolution of marriage based on established grounds of cruelty and desertion, emphasizing the irretrievable breakdown of the marital relationship.
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