Judgment

Arijit Pasayat, J.—Leave granted.

2. Parties to a marriage tying nuptial knot are supposed to bring about the union of souls. It creates a new relationship of love, affection, care and concern between the husband and wife. According to Hindu Vedic philosophy it is sanskar — a sacrament; one of the sixteen important sacraments essential to be taken during one’s lifetime. There may be physical union as a result of marriage for procreation to perpetuate the lineal progeny for ensuring spiritual salvation and performance of religious rites, but what is essentially contemplated is union of two souls. Marriage is considered to be a junction of three important duties i.e. social, religious and spiritual.

3. This case presents a very unpleasant tale of two highly educated professionals (doctors by profession) fighting a bitter matrimonial battle.

4. Background facts sans unnecessary details are as follows:

The appellant (hereinafter referred to as the ‘husband’) and the respondent (hereinafter referred to as the ‘wife’) tied nuptial knot on 10.10.1978. They were blessed with two children. Both are majors by now. The marriage was what is commonly known as “love marriage”. Appellant and