The appellant (husband) filed for divorce, citing an irretrievable breakdown of the marriage. After reviewing the evidence, the family court dissolved the marriage under Section 13 of the Hindu Marriage Act and ordered the husband to pay Rs. 25 lakh in alimony to the wife. In such complex cases, having the best advocate by your side can make a significant difference in presenting the case effectively and securing a fair judgment.
Case Background
The appellant-accused his wife of having a bad temper and rude behavior. She frequently quarreled with him and his parents, leading him to leave the family home. He also claimed she was involved with another man and withdrew significant money from his bank account without his permission.
The appellant pointed out that the wife had filed multiple cases (4-5) against him and his family. She had also filed a caveat in the High Court to stop the husband from obtaining an order regarding an FIR he had filed. The wife admitted to opposing the husband’s bail in a criminal case and submitting a protest petition against a police report that favored the husband.
Court’s Observation
The court noted that the wife appeared to act out of revenge. It concluded that the marriage was beyond saving, as it had been broken for some time. Continuing the marriage under these circumstances, the court stated, would cause harm to both parties.
The couple had lived separately for over ten years, and the court found reconciliation impossible. The marital bond had been irreparably damaged.
Judicial Rationale
The court ruled that ending the marriage served the public interest. Although the wife refused to divorce, forcing the couple to remain married would only cause more harm. Granting the divorce, the court believed, would allow both parties to heal and move on with their lives.
The court stated that keeping the marriage alive when both parties had separated for years promoted immorality. Denying the divorce would only prolong the emotional suffering.
Judgment and Recommendation
The Supreme Court upheld the family court’s decision to dissolve the marriage and ordered the husband to pay Rs. 25 lakh in alimony. The court also recommended that the Union of India amend the Hindu Marriage Act to include irretrievable breakdown of marriage as an official ground for divorce.
Naveen Kohli