Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage.

While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held

“Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part of the deserting spouse to cohabit as also lodging of criminal case alleging demand of dowry only after institution of divorce case proceeding by the other spouse and pursuing it in appeal to secure conviction (after initial acquittal) does indicate in any case, the marriage between the parties is irretrievably broken down.”

Parties got married in 2000. According to respondent-husband, his father and siblings lived with them in Unnao. After a few days of the marriage, appellant-wife claimed that she was feeling unsafe in the marital house as only male members were present in the house. Respondent moved with her to Bareilly, his place of work, where she didn't stay for long and moved to Kanpur Nagar stating that she was practising as an advocate.

Even when the respondent rented premises at Kanpur Nagar, the wife preferred to stay at her paternal home. Eventually, the respondent-husband moved to stay with his family in Unnao. They had a daughter in 2002 and finally separated in 2003. Respondent alleged that the appellant-wife misbehaved with his family member used harsh words and threatened to file false criminal cases against them.

The Court observed that the appellant-wife instituted a criminal case against the husband after he had instituted divorce proceedings. It was observed that the allegations regarding the demand for dowry and cruelty were made for the first time after the institution of divorce proceedings after 6 years of marriage.

The Court observed that the respondent-husband had proved that the efforts made by him to keep his matrimonial relationship intact, however, the appellant-wife kept on making excuses and threats to move to her paternal home.

“Sitting in first appeal, we are ourselves inclined to draw firm conclusion that the appellant had no will or desire to live in matrimony with the respondent either at his parental home or at his place of work, or even otherwise at Kanpur Nagar. She only desired to stay at her parental home.”

The Court observed that though cruelty by the appellant was not proved, her rude behaviour and threats as alleged by the respondent-husband cannot be disputed. It was observed that the fact that the criminal case was lodged solely due to the institution of divorce proceedings was also proved and there was nothing to show that the criminal case was independent of the divorce proceedings.

Respondent-husband also pleaded that he had been jailed and had been suspended for 2 years from service because of the false allegation made by the wife, therefore, even though he wanted to continue his relationship in the beginning, now he did not want to revive the matrimonial relationship.

Accordingly, the Court held that the marriage between the parties had irretrievably broken down. The appeal filed by the wife against the order of the Additional Principal Judge, Family Court, Kanpur Nagar, dissolving the marriage between the parties, was dismissed.

Case Title: Smt. Arti Tiwari v. Sanjay Kumar Tiwari [FIRST APPEAL No. - 137 of 2011]

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