No Co-Habitation Since 12 Years, Complete Breakdown Of Marriage: Orissa HC Grants Divorce & Permanent Alimony To Wife

The Orissa High Court while granting divorce on the ground of desertion at the instance of husband noted that the couple has been not cohabiting together since last twelve years and there was a complete breakdown of marriage.

The Court was considering an appeal against an order of the Family Court wherein the prayer for divorce under Section 13(1) of the Hindu Marriage Act at the instance of the husband was refused.

The Division Bench of Justice B.P. Routray and Justice Chittaranjan Dash observed, "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. 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."

The Appellant was represented by Advocate Manoj Kumar Mohanty while the Respondent was represented by Senior Advocate S.K. Mishra.

Facts of the Case

The marriage between the parties took place in March of 2013. Within the few months of stay of the bride in the matrimonial house, the relationship was not at all congenial. There is evidence of allegations and counter allegations including the fact that the marriage was never consummated and admittedly the husband and wife stayed separately since 21st December, 2013. A criminal case was also instituted by the wife against the husband and other in-law members.

Counsel for the Appellant submitted that since the conjugal relationship between the parties has been snapped since 2013 and the wife left the company of the husband a decree for dissolution of marriage on the ground of desertion ought to have been granted. Further, while opposing the demand for ₹30,00000 for permanent alimony, he submitted that the Husband has substantial income but could not account for a full proof account thereof.

Reasoning By Court

The Court at the outset noted that the parties never resumed the co-habitation after December 2013 and during last 12 years no efforts were 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. Accordingly, the marriage between the appellant and respondent, solemnized on 3rd March, 2013, is hereby a decree of divorce under Section 13(1)(i)(b) of the HM Act," the Court observed.

With respect to permanent alimony, the Court noted that there is evidence on record that the Husband is a business man staying at Dhenkanal town with substantial income.

"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. 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," the Court observed.

The Court thus granted divorce decree and permanent alimony of ₹18,00,000/-to wife. The Appeal was accordingly allowed.

Case No.: MATA No. 168 of 2017

Appearances:

Appellant- Advocate Manoj Kumar Mohanty

Respondent- Senior Advocate S.K. Mishra, Advocate S. Rout

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