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2025 Supreme(Online)(UK) 972459

UTTARAKHAND HIGH COURT
*Ritu Bahri, C. J., Rakesh Thapliyal, J.
Sunil Kumar v. Lata
F. A. No. 24 of 2021



1. The present appeal has been filed by the appellant - husband against the judgment and order dated 04.03.2021, passed by the Principal Judge, Family Court, Kashipur, District Udham Singh Nagar in Original Suit No.162 of 2016, "Sunil Kumar v. Smt. Lata".

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

3. In compliance of the order dated 05.09.2024, respondent - wife has accepted Rs.5.00 Lakhs as permanent alimony. The appellant - husband has filed an affidavit to the effect that he has given Rs.5.00 Lakhs as permanent alimony to the respondent - wife, and this fact is not being disputed by learned counsel for the respondent.

4. 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.

5. 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.

6. In view of the above - said discussion, the present Appeal is allowed, and the judgment and order dated 04.03.2021 passed by the Principal Judge, Family Court, Kashipur, District Udham Singh Nagar, is set - aside. Divorce is granted to the parties and the marriage is dissolved.

7. Pending application, if any, also stands disposed of.
Appeal Allowed.

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