The court can dissolve marriage under Article 142 of the Constitution when separation is established and claims for nullity or counterclaims lack substantiation.

1. Leave granted.

2. Despite service of notice to the respondent through the S.H.O. of the concerned Police Station and an affidavit of service along with the endorsement of the receipt of the notice by the respondent on 17.07.2024, he has failed to appear either through counsel or personally.

3. The appellant has preferred this appeal assailing the correctness of the judgment and order dated 21.11.2023 passed by the Division Bench of the Kerala High Court dismissing the Matrimonial Appeal Nos.330 of 2021 and 376 of 2021 preferred by the wife and the husband respectively against the same judgment of the Family Court dated 07.01.2021 passed in Original Petition No.517 of 2017 whereby the plaintiff - wife sought relief for declaration of marriage as null and void and declaration was also being sought by the defendant - husband in the counterclaim to the effect that a declaration be given that no valid marriage was ever performed between the two. The Family Court had dismissed both the suit as well as the counterclaim.

4. Facts relevant for deciding the present appeal are as follows: -
4.1. According to the appellant, marriage was performed on 24.08.2016 at Little Flower Church, Ernakulam District, Kerala as per Christian religion rights and ceremonies. They stayed together for some time, however, later on, the appellant realised that the respondent had played fraud and had allured her to marry him giving a false assurance that he was holding a Master's Degree in Law and that he had assets worth Rs.9.5 Crores (Rupees nine crores fifty lakhs only). She realised this after marriage and, as such, she preferred a petition for divorce under S.18 and S.19 of the Divorce Act , 1869.
4.2. Other grounds had also been taken but we are not concerned with the same.
4.3. On the other hand, the respondent - husband filed his written statement denying such allegations and also filed the counterclaim to the effect that he should be awarded Rs. 20 Lakhs (Rupees twenty lakhs only) as compensation as the appellant had not married him of her own free will but under pressure of her parents, a further refund of Rs. 12 Lakhs (Rupees twelve lakhs only) which he had spent in the festivities of the marriage and, further, a declaration that no marriage was ever performed between the two as it was not consummated because the appellant - wife, soon after the marriage in the church, left for her parental home and never returned.
4.4. The parties led evidence before the Family Court, both oral and documentary. However, the Family Court found that the allegations made in the pleadings and the evidence led by the parties, did not entitle either of the parties to any relief. It was held that the evidence led did not support the pleadings at all. The Family Court, accordingly, dismissed the suit and also rejected the counterclaim.
4.5. Aggrieved by the same, both the parties preferred Matrimonial Appeals before the High Court, details of which are already stated in the opening paragraph.
4.6. The High Court, after examining the material on record, came to the conclusion that none of the grounds available for declaration for a marriage to be a nullity were established. It further found that reliefs claimed in the counterclaim were also not established by the respondent - husband. It, accordingly, dismissed both the appeals by the impugned common judgment and order dated 21.11.2023

5. We have heard Shri V. Chitambaresh, learned senior counsel appearing for the appellant. As already noted above, despite service of notice, the respondent has failed to appear either through counsel or personally. We have also perused the material on record.

6. Considering the facts and circumstances of the case and in particular that both the parties are not at all inclined to live together and have been separated for the last nine years,