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2024 DIGILAW 623 (UTT)

Preeti Chetari v. Veer Bhadur Singh Chetari

2024-10-03

RAKESH THAPLIYAL, RITU BAHRI

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JUDGMENT : (Ritu Bahri, C.J.) The instant First Appeal has been filed by appellant-Smt. Preeti Chetari against the order dated 12.12.2018 passed by the Principal Family Judge, Family Court, Dehradun in Original Suit No. 594 of 2012 titled as ‘Smt. Preeti Chetari vs. Shri Veer Bahadur Singh Chetari’, whereby the suit filed by the appellant under Sections 13(1)(ia) and 25 of the Hindu Marriage Act, 1955 for divorce and permanent alimony has been dismissed. 2. The marriage between the parties was solemnized on 15.05.2007 and they are living separately since 27.07.2012. There is one child from the marriage, who is at present 15 years of age. 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 15.05.2007 Date of Separation 27.07.2012 Details of the criminal proceedings between the parties. 1) FIR No. 0052, P.S. Vasant Vihar, under Sections 323, 498, 504, and 506 dated 17.02.2023. Issues from the marriage Aditya Chetari (born on 03.10.2009), aged about 15 years. Decision of the Family Court Order dated 12.12.2018 passed by the Principal Judge, Family Court, Dehradun in Original Suit No. 594 of 2012 titled as ‘Smt. Preeti Chetari vs. Veer Bahadur Singh Chetari, whereby the suit under Sections 13(1)(ia) and 25 of the Hindu Marriage Act filed by the appellant for divorce and permanent alimony has been dismissed. Maintenance decided by the Family Cour Order dated 04.12.2019 passed by the Principal Family Judge, Family Court, Dehradun in Criminal Case No. 359 of 2014 titled as ‘Smt. Preeti Chetari vs. Veer Bahadur Singh Chetari. Maintenance of Rs. 2,000/- was given to the child and the prayer for maintenance to the wife was rejected. 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 12.12.2018, the suit of the appellant-wife filed under Section 13(1) (ia) and 25 of the Hindu Marriage Act, 1955 has been dismissed. 5. Learned counsel for the appellant states that the appellant-wife does not want permanent alimony. 6. 4. As per the judgment of the Family Court, vide order dated 12.12.2018, the suit of the appellant-wife filed under Section 13(1) (ia) and 25 of the Hindu Marriage Act, 1955 has been dismissed. 5. Learned counsel for the appellant states that the appellant-wife does not want permanent alimony. 6. There is one criminal litigation pending between the parties. 7. The marriage of the parties was solemnized on 15.05.2007, and both the parties are living separately since 27.07.2012. There is more than 12 years’ separation between the parties. There is one male child from the marriage, who is at present about 15 years of age. 8. 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 12 years. 9. Recently, the Hon’ble Supreme Court in the case of Shri Rakesh Raman v. Smt. Kavita, 2023 LiveLaw (SC) 353 has examined the issue of dead marriage, and has held that in a case, where the marriage has broken down irretrievably, then it spells cruelty to both the parties, as in such a relationship each party is treating the other with cruelty, and hence it is a case of long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under Section 13(1) (ia) of the Hindu Marriage Act, 1955. 10. In view of the above-said discussion, the present Appeal is allowed, and the judgment and order dated 12.12.2018 passed by the learned Principal Family Judge, Family Court in Original Suit No. 594 of 2012 titled as Smt. Preeti Chetari vs. Shri Veer Bahadur Singh Chetari’, whereby the suit filed by the appellant under Sections 13(1)(ia) and 25 of the Hindu Marriage Act, 1955 for divorce and permanent alimony has been dismissed, is set aside. Divorce is granted to the parties, and the marriage is dissolved. 11. Since the appellant does not want permanent alimony, she will not be entitled to claim the same in future. 12. Pending application, if any, also stands disposed of accordingly.