HC: Long separation may be considered ground for divorce

Saurabh Malik

Tribune News Service

Chandigarh, December 10

The Punjab and Haryana High Court has made it clear that long separation can certainly be considered “weighty circumstance” while taking into account severance of marital ties even though irretrievable breakdown of marriage is not a ground for divorce.

The ruling came in case of a couple living separately concededly since 2005. “The period of separation has been more than a decade. Such a separation is bound to create an unbridgeable distance between husband and wife. It may also be said the marriage has irretrievably broken down.

“We are conscious that irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955. Be that as it may, such a long separation between the appellant/husband and respondent/wife can certainly be taken as a weighty circumstance while considering severance of marital ties,” a Division Bench asserted.

The appellant-husband had assailed the judgment and decree dated January 15, 2009, whereby the Kurukshetra Additional District Judge had dismissed his petition for dissolution of marriage by way of a decree of divorce.

The appellant-husband had initially filed a petition under Section 13-B of the Hindu Marriage Act on twin grounds of cruelty and desertion. The respondent-wife, on the other hand, filed a written statement denying all allegations. On the contrary, she accused the husband of harassment and cruelty.

During the course of hearing, the husband placed on record the judgment passed by the Karnal Judicial Magistrate First Class, acquitting him and his parents in a case lodged at the instance of the respondent-wife.

His counsel argued that the acquittal order entitled the husband to a decree of divorce on the ground of false allegations, which in turn amounted to cruelty.

Taking up the matter, the Bench asserted, “We are of the view that in such matters, it is not only the acquittal in criminal proceedings of a spouse, but also the conduct of the complainant party that would be material.

“The husband and his parents have faced the pain, anguish and agony of a criminal trial on the basis of allegations which were false and manufactured by the wife. The husband and his father were sent to jail.

“We would have no hesitation in observing that the husband, as also his parents, would have suffered loss of image as a consequence thereof. Under such circumstances, there is a clear inference of cruelty inflicted at the hands of the wife upon the husband and his parents.”

Allowing the appeal, the Bench of Justice M Jeyapaul and Justice Tejinder Singh Dhindsa ruled that the marriage between appellant and respondent was dissolved by decree of divorce.