Judgment

Altamas Kabir, J. —

1.As far back as on 13.1.1995 two Judges of this Court in the case of Romesh Chander V. Savitri,1 (1995) 2 SCC 7) had occasion to pose the question as to whether a marriage which is otherwise dead emotionally and practically should be continued for name sake. In the instant appeal, we are also faced with the same question.

2.Marriage between the appellant and the respondent was performed on 22.5.1992 according to Hindu rites and customs. On 21.8.1994 the respondent, for whatever reason, left her matrimonial home and went back to her parents and the couple have been living separately ever since. Soon thereafter, the parties took recourse to the law when on 30.12.1994 the appellant sent a notice to the respondent asking her to return to her matrimonial home. On 20.10.1995 the respondent lodged a complaint against the appellant and his family members under Section 498-A of the Indian Penal Code alleging demand of dowry and it is only on 2.2.2003 that they were finally acquitted after a full trial. The appellant also moved the Court of the Sub-Divisional Magistrate for issuance of a search warrant consequent upon which the respondent appeared before the Magist