Complete Breakdown Of Marriage For Last One Decade: Orissa High Court Grants Divorce On Grounds Of Desertion
The Orissa High Court directed the husband to pay Rs. 18 lakh as permanent alimony to the wife.
The Orissa High Court dissolved the marriage between the parties on the grounds of desertion under Section 13(1) (ib) of the Hindu Marriage Act while remarking that there had been a complete breakdown of the marriage for the last decade.
The Court directed the husband to pay Rs. 18 lakh as permanent alimony to the wife. The Court noted that cohabitation between the parties never resumed for more than 12 years and that neither party had made any effort for restitution of conjugal rights.
A Division Bench of Justice BP Routray and Justice Chittaranjan Dash held that “we feel it appropriate to grant permanent alimony to the tune of Rs.18 lakhs to be paid by the husband to the Respondent wife. This amount will strike a balance between proving the Respondent with financial security and ensuring that the Respondent husband is not unduly burdened, thereby upholding the principle of fairness and equity in matrimonial disputes.”
Advocate Manoj Kumar Mohanty appeared for the Petitioner, while Senior Advocate S.K. Mishra represented the Respondent.
Brief Facts
The husband alleged that the marriage was never consummated and that his wife had deserted him since December 21, 2013. A criminal case was also filed by the wife against the husband and his family members.
The husband sought divorce under Section 13(1)(ia) and 13(1)(ib) of the HMA on the grounds of cruelty and desertion. However, the Family Court rejected his Petition, leading to the present Appeal.
Court’s Reasoning
The High Court held, “At this stage, we are conscious of the fact that there are so many unprecedented things happened in the life between the parties, the parties never resumed the Cohabitation after December 2013 and during last 12 years no effort has been made by either party for restitution of conjugal rights. So, in the circumstances keeping in view the fact as noted above, coupled with the allegations leveled against each other embedded with hatredness we find to be a case of complete breakdown of marriage for last one decade and as such we feel it appropriate to grant decree of divorce by dissolving the marriage on the ground of desertion U/s. 13(1) (ib) of the Hindu Marriage Act.”
“However, it is seen from the evidence brought on record that the husband is a business man staying at Dhenkanal town with substantial income. The wife is also a resident of Dhenkanal town, who presently stays with her parents. Considering on the aspect of standard of living, age of the parties and place of their residence, we feel it appropriate to grant permanent alimony to the tune of Rs.18 lakhs to be paid by the husband to the Respondent wife,” the Court stated.
Consequently, the Court ordered, “Accordingly, the appeal is disposed of granting decree of divorce by dissolution of marriage between Appellant and Respondent with further direction to pay permanent alimony of Rs.18,00,000/- (eighteen lakhs) by the husband.”
Accordingly, the High Court disposed of the Appeal.
Cause Title: X v. Y (MATA No. 168 of 2017)
Appearance:
Petitioner: Advocate Manoj Kumar Mohanty
Respondents: Senior Advocate S.K. Mishra; Advocate S. Rout
