Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC
The Allahabad High Court has held that where there is long period of separation, a decade in this case, the Family Court cannot refuse to grant decree of divorce and disregard the emotions and feelings of the parties who are no longer affectionate towards each.
The bench comprising of Justice Rajan Roy Singh and Justice Subhash Vidyarthi held
“By refusing to severe the tie between the plaintiff and the defendant, the Family Court has not served the sanctity of marriage; on the contrary, it has shown disregard for the feelings and emotions of the parties, which are not affectionate towards each other.”
Parties were married in 2012 at Hardoi. The wife refused to live in Mallawan town and wanted to live in Delhi. Due to no proper arrangements in Delhi, the wife was living in Mallawan, from where she went to her paternal home with her father. The wife filed various criminal cases against the husband and his family members, in which they were acquitted on the condition that she would not go to Mallawan.
Since the appellant husband moved to Delhi with his wife, his parents severed all ties with him. Thereafter, they had a daughter in 2014. Subsequently, due to some quarrel, the appellant was not allowed to meet his daughter and the money orders sent by him were also rejected by the respondent-wife.
It was alleged by the husband that the wife subjected him to cruelty including threatening his life by her brothers. It was alleged that mediation attempts by the Women's Commission also failed as the wife refused to live with him.
In her written statement, respondent-wife alleged demand of dowry, neglect by her husband and also stated that she was willing to go back. The Family Court dismissed the divorce petition holding that once the parties had entered into settlement and cohabitation, occurrences prior to that could not be relied on for proving cruelty.
Against the order of the Family Court, the husband filed an appeal before the High Court.
The Court relied on Rakesh Raman v. Kavita where the Supreme Court has held that
“Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty.”
The Court observed that the parties had met last in 2014 when their daughter was born, and as per the appellant, after that her family members had assaulted the appellant against which the case is pending. It was observed that despite service of notice twice on the wife, no one had appeared to contest the appeal.
The Court observed that the fact that parties had been living separately for more than a decade and the appellant-husband had not been able to meet his daughter even once during that period shows the mental pain and suffering of the parties which would broadly consitute mental cruelty. It was held that the facts showed that it was not possible for the parties to live together again.
“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair.”
Since the wife had not appeared before the Court and not returned to her matrimonial home, the Court held that the wife had abandoned her relationship with her husband and “an animus deserendi on her part, which is sufficient to constitute desertion.”
Accordingly, a divorce decree was granted to the appellant, dissolving the marriage between the parties.
Case Title: Apoorva Gupta @ Apoorva Kumar Gupta v. Vandana Gupta [FIRST APPEAL No. - 11 of 2023]