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2024 DIGILAW 489 (UTT)

Abhishek Singh v. Mamta Panwar

2024-07-18

RAKESH THAPLIYAL, RITU BAHRI

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JUDGMENT : (Ritu Bahri, CJ.) The present appeal has been filed by the appellant-husband against the impugned judgment and decree dated 23.04.2018 passed by the Court of Additional Judge, Family Court, Dehradun in Original Suit No. 73/2014 “Smt. Mamta Panwar v. Shri Abhishek Singh”. 2. The marriage of the parties was solemnized on 25.06.2012. There is no child from this marriage, and both the parties are living separately since 04.06.2014. The marriage between the parties is a dead marriage in view of the judgments of the Hon’ble Supreme Court. 3. The relevant details of the present appeal are as follows :- Date of marriage. 25th June, 2012. Date of separation. 04th June, 2014. Details of the criminal proceedings between the parties. No criminal proceedings. Issues from the marriage. None. Decision of the Family Court. Petition of the respondent-wife, under Section 13 of the Hindu Marriage Act, 1955, has been allowed vide order dated 23.04.2018. Maintenance decided by the Family Court. Rupees Twenty Lakhs has been awarded as permanent alimony to the respondent-wife. Reliance placed on the judgments of the Hon’ble Supreme Court on the issue of dead marriage. 1. Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511. 2. Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC OnLine SC 544. 3. Prakashchandra Joshi v. Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah, 2024 INSC 55 . 4. As per the judgment of the Family Court, vide order dated 23.04.2018, the Divorce Petition of the respondent-wife has been allowed, and the marriage between the parties has been dissolved through a decree of divorce. 5. Counsel for the respondent says that the respondent is ready to give up the permanent alimony of Rupees Twenty Lakhs awarded by the learned Family Court vide impugned order and decree dated 23.04.2018. 6. In the present case, the marriage of the parties was solemnized on 25.06.2012, and both the parties are living separately since 04.06.2014. There is more than 10 years’ separation between the parties. There is no child from the marriage. 7. 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 more than 10 years’ separation between the parties. There is no child from the marriage. 7. 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 more than 10 years. 8. Accordingly, the present Appeal is dismissed. The impugned order and decree dated 23.04.2018 granting divorce to the parties is affirmed. However, the impugned order and decree dated 23.04.2018 is modified to the extent that no permanent alimony will be given to the respondent-wife, as she does not want any permanent alimony. 9. Pending application(s), if any, also stand disposed of accordingly.