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2025 Supreme(Online)(UK) 972457

UTTARAKHAND HIGH COURT
*Ritu Bahri, C. J., Rakesh Thapliyal, J.
Vishal Upadhyay v. Arpita Shukla
F. A. No. 209 of 2022



1. The present appeal has been filed by the appellant - husband against the judgment and order dated 16.09.2021, passed by the Judge, Family Court, Haridwar in Original Suit No.22 of 2021, "Vishal Upadhyay v. Smt. Arpita Shukla".

2. The marriage of the parties was solemnized on 02.05.2019, and they are living separately since July, 2019. Vide order dated 30.08.2022, this Court directed the appellant - husband to pay maintenance @ Rs.20,000/- per month to the respondent - wife from the date of filing the present appeal.

3. The relevant details of the present appeal are as follows : -

4. Keeping in view the judgments of the Hon'ble Supreme Court, since both the parties are qualified, it would amount to cruelty if they are not freed from this relationship. There is no scope of patching up between the parties.

5. The marriage of the parties was solemnized in the year 2019, and both the parties are living separately since 2019. 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 five years.

7. The appellant is paying Rs.20,000/- per month as maintenance to the respondent - wife.

8. Appellant has made a statement that an amount of Rupees Twenty Five Lakhs will be paid to the respondent within a period of six weeks, as permanent alimony.

9. In view of the above - said discussion, the present Appeal is allowed, and the judgment and order dated 16.09.2019 passed by the Judge, Family Court, Haridwar, is set - aside. Divorce is granted to the parties.

10. The appellant is directed to pay Rs.25.00 Lakhs to the respondent - wife as permanent alimony within six weeks, and inform this Court.

11. List for reporting on 26.09.2024.

12. Pending application, if any, also stands disposed of.
Order Accordingly.

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