Marriage dead if couple living separately since long: Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, July 11

The Punjab and Haryana High Court has made it clear that a marriage can safely be termed as dead in case the couple was living separately since long. The Bench also made it clear that a husband was subjected to cruelty after marriage as his wife incessantly filed complaints against him and his family.

The assertion by the Bench of Justice Ritu Bahri and Justice Meenakshi I Mehta came on the husband’s appeal through counsel Akshay Kumar Jindal against the judgment and decree dated July 22, 2019, passed by Panchkula Family Court Principal Judge.

The Bench, during the course of hearing, was told that the husband’s petition under Section 13 of the Hindu Marriage Act for the dissolution of their marriage through a decree of divorce was dismissed. Taking up the matter, the Bench asserted: “The parties are living separately since January 26, 2015, for the last more than seven years. Therefore, their marriage can safely be termed as a dead marriage.”

Referring to the facts and the circumstances of the matter, the Bench added that the same unequivocally spoke volumes of the fact that the respondent-wife had incessantly been filing the complaints. The Bench observed that the husband even had to go behind bars in connection with one of the complaints, resulting in harm and damage to his image and reputation in the eyes of their relatives and the society at large.

The Bench added that it had recently been observed by a three-Judge Bench of the Supreme Court in a case: “When the appellant has suffered adverse consequences in his life and career on account of the allegations made by the respondent, the legal consequences must follow and those cannot be prevented only because no court has determined that the allegations were false. The High Court, however, felt that without any definite finding on the credibility of the wife’s allegation, the wronged spouse would be disentitled to relief. This is not found to be the correct way to deal with the issue.”

The Bench added that the present case was squarely covered by the observations. In the light of the same, it was held that the respondent had subjected the petitioner to cruelty after their marriage.

Allowing the appeal, the Bench ordered the setting aside of the impugned judgment and decree passed by the trial court. The petition filed by the petitioner-husband against the respondent under Section 13 of the Act was also allowed. The Bench ordered that the marriage, as solemnised between the parties, stood dissolved.