Nainital: The Uttarakhand High Court, while observing that if divorce is not granted in a dead marriage, it will amount to cruelty to both wife and husband, allowed dissolution of a marriage in which the couple had separated after 25 days of their marriage.
High Court was hearing a plea by husband seeking divorce
A bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal granted divorce to a couple on an appeal filed by the husband challenging an order of a family court in Haridwar refusing to dissolve the marriage of the estranged couple.
Couple separated after 25 days of their marriage
The couple got married on May 2, 2019 and they separated on May 27, 2019 and they were living separately and there were ongoing criminal proceedings in courts on the complaint of the wife.
After the matter reached the court, the husband was earlier directed to pay a maintenance of Rs 20,000 per month to his wife.
Will pay Rs 25 lakhs as permanent alimony within six weeks, husband told High Court
During the hearing of the matter before the High Court, the counsel representing the husband made a statement before the High Court that an amount of Rupees 25 lakhs will be paid to his estranged wife within a period of six weeks as permanent alimony.
The High Court noted that the marriage of the parties – wife and husband – was solemnized in the year 2019 and both are living separately since 2019 and that there is no child from the marriage.
There is no emotional bonding and there is no scope of patching up, High Court noted
The High Court, after hearing submissions, observed that there is no emotional bonding and there is no scope of patching up between the parties – wife and husband – and since they are qualified, it would amount to cruelty if they are not freed from this relationship.
“Keeping in view the facts of this marriage, it can be said that this marriage is nothing more than a dead marriage, and if both the parties are not granted divorce, it will amount to cruelty to both the parties. There is no emotional bonding between the parties, and there is no scope of patch-up between them, keeping in view the long period of separation of five years,” the High Court noted.
High Court set aside family court order, granted divorce to parties
The High Court took note that the appellant husband is paying Rs.20,000 per month as maintenance to the respondent wife and took on record the statement of the husband that an amount of Rs 25 lakh will be paid to the respondent wife within a period of six weeks, as permanent alimony.
“The present appeal is allowed, and the judgment and order dated 16.09.2019 passed by the Judge, Family Court, Haridwar, is set aside. Divorce is granted to the parties,” the High Court said while dissolving the marriage between the couple and directed the appellant husband to pay Rs.25.00 lakh to the respondent wife as permanent alimony within six weeks and inform the court.
The High Court has further listed the matter for reporting on September 26.