(O&M) v. Bharti Chauhan

Each case has to be decided on its own merits. importance. Each case has to be decided on its own merits. importance. Each case has to be decided on its own merits. * * * * * This Court in the case of Savitri Pandey v. Prem Chandra 28. This Court in the case of Savitri Pandey v. Prem Chandra This Court in the case of Savitri Pandey v. Prem Chandra 28. tated that Pandey, 2002(1) RCR (Civil) 719 : (2002)2 SCC 73, stated that Pandey, 2002(1) RCR (Civil) 719 : (2002)2 SCC 73, s Pandey, 2002(1) RCR (Civil) 719 : (2002)2 SCC 73, s mental cruelty is the conduct of other spouse which causes mental mental cruelty is the conduct of other spouse which causes mental mental cruelty is the conduct of other spouse which causes mental mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other. "Cruelty", suffering or fear to the matrimonial life of the other.

"Cruelty", suffering or fear to the matrimonial life of the other. "Cruelty", suffering or fear to the matrimonial life of the other. "Cruelty", therefore, postulates a treatment of the petitioner with such cruelty therefore, postulates a treatment of the petitioner with such cruelty therefore, postulates a treatment of the petitioner with such cruelty therefore, postulates a treatment of the petitioner with such cruelty is or her mind that it as to cause a reasonable apprehension in his or her mind that it as to cause a reasonable apprehension in h as to cause a reasonable apprehension in h would be harmful or injurious for the petitioner to live with the other would be harmful or injurious for the petitioner to live with the other would be harmful or injurious for the petitioner to live with the other would be harmful or injurious for the petitioner to live with the other party. Cruelty, however, has to be distinguished from the ordinary party.

Cruelty, however, has to be distinguished from the ordinary party. Cruelty, however, has to be distinguished from the ordinary party. Cruelty, however, has to be distinguished from the ordinary wear and tear of family life. It cannot be decided on the basis of the wear and tear of family life. It cannot be decided on the basis of the wear and tear of family life. It cannot be decided on the basis of the wear and tear of family life. It cannot be decided on the basis of the tioner and has to be adjudged on the basis of sensitivity of the petitioner and has to be adjudged on the basis of tioner and has to be adjudged on the basis of sensitivity of the peti the course of conduct which would, in general, be dangerous for a the course of conduct which would, in general, be dangerous for a the course of conduct which would, in general, be dangerous for a the course of conduct which would, in general, be dangerous for a spouse to live with the other spouse to live with the other * * * * * . In Chetan Dass v.

Kamla Devi, 2001(2) RCR (Civil) 641 : 31. In Chetan Dass v. Kamla Devi, 2001(2) RCR (Civil) 641 : . In Chetan Dass v. Kamla Devi, 2001(2) RCR (Civil) 641 : 31 hat the matrimonial matters (2001)4 SCC 250, this Court observed that the matrimonial matters (2001)4 SCC 250, this Court observed t (2001)4 SCC 250, this Court observed t have to be basically decided on its facts. In the words of the Court : have to be basically decided on its facts. In the words of the Court : have to be basically decided on its facts. In the words of the Court : have to be basically decided on its facts. In the words of the Court : "Matrimonial matters are matters of delicate human and emotional "Matrimonial matters are matters of delicate human and emotional "Matrimonial matters are matters of delicate human and emotional "Matrimonial matters are matters of delicate human and emotional relationship. It demands mutual trust, regard, respect, love and relationship.

It demands mutual trust, regard, respect, love and relationship. It demands mutual trust, regard, respect, love and relationship. It demands mutual trust, regard, respect, love and lay for reasonable adjustments with the affection with sufficient play for reasonable adjustments with the lay for reasonable adjustments with the affection with sufficient p spouse. The relationship has to conform to the social norms as well. spouse. The relationship has to conform to the social norms as well. spouse. The relationship has to conform to the social norms as well. spouse. The relationship has to conform to the social norms as well. The matrimonial conduct has now come to be governed by statute The matrimonial conduct has now come to be governed by statute The matrimonial conduct has now come to be governed by statute The matrimonial conduct has now come to be governed by statute framed, keeping in view such norms and changed social order.

It is framed, keeping in view such norms and changed social order. It is framed, keeping in view such norms and changed social order. It is framed, keeping in view such norms and changed social order. It is rolled in the interest of the individuals as well as in sought to be controlled in the interest of the individuals as well as in rolled in the interest of the individuals as well as in sought to be cont broader perspective, for regulating matrimonial norms for making of broader perspective, for regulating matrimonial norms for making of broader perspective, for regulating matrimonial norms for making of broader perspective, for regulating matrimonial norms for making of knit, healthy and not a disturbed and porous society. The a well-knit, healthy and not a disturbed and porous society. The knit, healthy and not a disturbed and porous society. The a well institution of marriage occupies an important place and role to play institution of marriage occupies an important place and role to pla institution of marriage occupies an important place and role to pla institution of marriage occupies an important place and role to pla in the society, in general.

Therefore, it would not be appropriate to in the society, in general. Therefore, it would not be appropriate to in the society, in general. Therefore, it would not be appropriate to in the society, in general. Therefore, it would not be appropriate to apply any submission of "irretrievably broken marriage" as a apply any submission of "irretrievably broken marriage" as a apply any submission of "irretrievably broken marriage" as a apply any submission of "irretrievably broken marriage" as a straitjacket formula for grant of relief of divorce. This aspect has to straitjacket formula for grant of relief of divorce. This aspect has to straitjacket formula for grant of relief of divorce. This aspect has to straitjacket formula for grant of relief of divorce. This aspect has to TRIPTI SAINI 2024.08.31 10:32 I attest to the accuracy and integrity of this document (O&M) FAO-171-2024 (O&M) -6- be considered be considered be considered the background of the background of the background of the other the other the other facts and circumstances of the case.

" circumstances of the case. " . In Sandhya Rani v. Kalyanram Narayanan, (1994) Supp. 2 SCC 32. In Sandhya Rani v. Kalyanram Narayanan, (1994) Supp. 2 SCC . In Sandhya Rani v. Kalyanram Narayanan, (1994) Supp. 2 SCC 32 588, this Court reiterated and took the view that since the parties are 588, this Court reiterated and took the view that since the parties are 588, this Court reiterated and took the view that since the parties are 588, this Court reiterated and took the view that since the parties are living separately for the last more than three years, we have no living separately for the last more than three years, we have no living separately for the last more than three years, we have no living separately for the last more than three years, we have no he marriage between the parties has doubt in our mind that the marriage between the parties has he marriage between the parties has doubt in our mind that t irretrievably broken down.

There is no chance whatsoever of their irretrievably broken down. There is no chance whatsoever of their irretrievably broken down. There is no chance whatsoever of their irretrievably broken down. There is no chance whatsoever of their coming together. Therefore, the Court granted the decree of divorce. coming together. Therefore, the Court granted the decree of divorce. coming together. Therefore, the Court granted the decree of divorce. coming together. Therefore, the Court granted the decree of divorce. . In the case of Chandrakala Menon v. Vipin Menon, (1993)2 SCC 33. In the case of Chandrakala Menon v. Vipin Menon, (1993)2 SCC . In the case of Chandrakala Menon v. Vipin Menon, (1993)2 SCC 33 een living separately for so many years. This 6, the parties had been living separately for so many years. This een living separately for so many years. This 6, the parties had b Court came to the conclusion that there is no scope of settlement Court came to the conclusion that there is no scope of settlement Court came to the conclusion that there is no scope of settlement Court came to the conclusion that there is no scope of settlement between them because, according to the observation of this Court, between them because, according to the observation of this Court, between them because, according to the observation of this Court, between them because, according to the observation of this Court, the marriage has irretrievably broken down and there is no chance the marriage has irretrievably broken down and there is no chance the marriage has irretrievably broken down and there is no chance the marriage has irretrievably broken down and there is no chance ing together.

This Court granted decree of divorce. of their coming together. This Court granted decree of divorce. of their com * * * * * . The Court dealing with the petition for divorce on the ground of 41. The Court dealing with the petition for divorce on the ground of . The Court dealing with the petition for divorce on the ground of 41 cruelty has to bear in mind that the problems before it are those of cruelty has to bear in mind that the problems before it are those of cruelty has to bear in mind that the problems before it are those of cruelty has to bear in mind that the problems before it are those of ouse's conduct human beings and the psychological changes in a spouse's conduct human beings and the psychological changes in a sp human beings and the psychological changes in a sp have to be borne in mind before disposing of the petition for divorce. have to be borne in mind before disposing of the petition for divorce. have to be borne in mind before disposing of the petition for divorce. have to be borne in mind before disposing of the petition for divorce.

However, insignificant or trifling, such conduct may cause pain in However, insignificant or trifling, such conduct may cause pain in However, insignificant or trifling, such conduct may cause pain in However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it the mind of another. But before the conduct can be called cruelty, it the mind of another. But before the conduct can be called cruelty, it the mind of another. But before the conduct can be called cruelty, it erity. It is for the Court to weigh the must touch a certain pitch of severity. It is for the Court to weigh the erity. It is for the Court to weigh the must touch a certain pitch of sev gravity. It has to be seen whether the conduct was such that no gravity. It has to be seen whether the conduct was such that no gravity. It has to be seen whether the conduct was such that no gravity.

It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether reasonable person would tolerate it. It has to be considered whether reasonable person would tolerate it. It has to be considered whether reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal the complainant should be called upon to endure as a part of normal the complainant should be called upon to endure as a part of normal the complainant should be called upon to endure as a part of normal ry matrimonial conduct, which may cause annoyance human life. Every matrimonial conduct, which may cause annoyance ry matrimonial conduct, which may cause annoyance human life. Eve to the other, may not amount to cruelty. Mere trivial irritations, to the other, may not amount to cruelty. Mere trivial irritations, to the other, may not amount to cruelty.

Mere trivial irritations, to the other, may not amount to cruelty. Mere trivial irritations, day married life, quarrels between spouses, which happen in day-to-day married life, quarrels between spouses, which happen in day quarrels between spouses, which happen in day may also not amount to cruelty. Cruelty in matrimonial life may be may also not amount to cruelty. Cruelty in matrimonial life may be may also not amount to cruelty. Cruelty in matrimonial life may be may also not amount to cruelty. Cruelty in matrimonial life may be founded variety, which can be subtle or brutal. It may be words, of unfounded variety, which can be subtle or brutal. It may be words, founded variety, which can be subtle or brutal. It may be words, of un gestures or by mere silence, violent or non-violent. gestures or by mere silence, violent or non gestures or by mere silence, violent or non . The foundation of a sound marriage is tolerance, adjustment and 42.

The foundation of a sound marriage is tolerance, adjustment and . The foundation of a sound marriage is tolerance, adjustment and 42 respecting one another. Tolerance to each other's fault to a certain respecting one another. Tolerance to each other's fault to a certain respecting one another. Tolerance to each other's fault to a certain respecting one another. Tolerance to each other's fault to a certain TRIPTI SAINI 2024.08.31 10:32 I attest to the accuracy and integrity of this document (O&M) FAO-171-2024 (O&M) -7- bearable extent has to be inherent in every marriage. Petty quibbles, bearable extent has to be inherent in every marriage. Petty quibbles, bearable extent has to be inherent in every marriage. Petty quibbles, bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences should not be exaggerated and magnified to trifling differences should not be exaggerated and magnified to trifling differences should not be exaggerated and magnified to trifling differences should not be exaggerated and magnified to destroy what is said to have been made in heaven.

All quarrels must destroy what is said to have been made in heaven. All quarrels must destroy what is said to have been made in heaven. All quarrels must destroy what is said to have been made in heaven. All quarrels must constitutes be weighed from that point of view in determining what constitutes be weighed from that point of view in determining what be weighed from that point of view in determining what cruelty in each particular case and as noted above, always keeping cruelty in each particular case and as noted above, always keeping cruelty in each particular case and as noted above, always keeping cruelty in each particular case and as noted above, always keeping in view the physical and mental conditions of the parties, their in view the physical and mental conditions of the parties, their in view the physical and mental conditions of the parties, their in view the physical and mental conditions of the parties, their sensitive character and social status.

A too technical and hyper-sensitive character and social status. A too technical and hyper character and social status. A too technical and hyper approach would be counter-productive to the in approach would be counter stitution of marriage. productive to the institution of marriage. The Courts do not have to deal with ideal husbands and ideal wives. The Courts do not have to deal with ideal husbands and ideal wives. The Courts do not have to deal with ideal husbands and ideal wives. The Courts do not have to deal with ideal husbands and ideal wives. It has to deal with particular man and woman before it. The ideal It has to deal with particular man and woman before it. The ideal It has to deal with particular man and woman before it. The ideal It has to deal with particular man and woman before it. The ideal couple or a mere ideal one will probably have no occasion to go to couple or a mere ideal one will probably have no occasion to go to couple or a mere ideal one will probably have no occasion to go to couple or a mere ideal one will probably have no occasion to go to Matrimonial Court.

Matrimonial Court. P. Tripathy v. Arundhati Tripathy, 2005(3) RCR 43. In Durga P. Tripathy v. Arundhati Tripathy, 2005(3) RCR P. Tripathy v. Arundhati Tripathy, 2005(3) RCR 43 (Civil) 819 : (2005)7 SCC 353, this Court further observed that (Civil) 819 : (2005)7 SCC 353, this Court further observed that (Civil) 819 : (2005)7 SCC 353, this Court further observed that (Civil) 819 : (2005)7 SCC 353, this Court further observed that Marriages are made in heaven. Both parties have crossed the point Marriages are made in heaven. Both parties have crossed the point Marriages are made in heaven. Both parties have crossed the point Marriages are made in heaven. Both parties have crossed the point of no return. A workable solution is certainly not possible. Parties of no return. A workable solution is certainly not possible. Parties of no return. A workable solution is certainly not possible. Parties of no return.

A workable solution is certainly not possible. Parties this stage reconcile themselves and live together forgetting cannot at this stage reconcile themselves and live together forgetting this stage reconcile themselves and live together forgetting cannot at their past as a bad dream. We, therefore, have no other option their past as a bad dream. We, therefore, have no other option their past as a bad dream. We, therefore, have no other option their past as a bad dream. We, therefore, have no other option except to allow the appeal and set aside the judgment of the High except to allow the appeal and set aside the judgment of the High except to allow the appeal and set aside the judgment of the High except to allow the appeal and set aside the judgment of the High Court and affirming the order of the Family Court granting decree Court and affirming the order of the Family Court granting decree Court and affirming the order of the Family Court granting decree Court and affirming the order of the Family Court granting decree for divorce. for divorce. * * * * * . On May 22, 1969, the General Assembly of the Church of 50.

On May 22, 1969, the General Assembly of the Church of . On May 22, 1969, the General Assembly of the Church of 50 Scotland accepted the Report of their Moral and Social Welfare Scotland accepted the Report of their Moral and Social Welfare Scotland accepted the Report of their Moral and Social Welfare Scotland accepted the Report of their Moral and Social Welfare Board, which suggested the substitution of breakdown in place of Board, which suggested the substitution of breakdown in place of Board, which suggested the substitution of breakdown in place of Board, which suggested the substitution of breakdown in place of terest to quote what they said matrimonial offences. It would be of interest to quote what they said matrimonial offences. It would be of in matrimonial offences. It would be of in in their basis proposals :"Matrimonial offences are often the in their basis proposals :"Matrimonial offences are often the in their basis proposals :"Matrimonial offences are often the in their basis proposals :"Matrimonial offences are often the outcome rather than the cause of the deteriorating marriage.

An outcome rather than the cause of the deteriorating marriage. An outcome rather than the cause of the deteriorating marriage. An outcome rather than the cause of the deteriorating marriage. An accusatorial principle of divorce tends to encourage matrimonial accusatorial principle of divorce tends to encourage matrimonial accusatorial principle of divorce tends to encourage matrimonial accusatorial principle of divorce tends to encourage matrimonial widen the rift that is already there. offences, increase bitterness and widen the rift that is already there. widen the rift that is already there. offences, increase bitterness and Separation for a continuous period of at least two years consequent Separation for a continuous period of at least two years consequent Separation for a continuous period of at least two years consequent Separation for a continuous period of at least two years consequent upon a decision of at least one of the parties not to live with the upon a decision of at least one of the parties not to live with the upon a decision of at least one of the parties not to live with the upon a decision of at least one of the parties not to live with the other should act as the sole evidence of marriage breakdown.

" Once other should act as the sole evidence of marriage breakdown. " Once other should act as the sole evidence of marriage breakdown. " Once other should act as the sole evidence of marriage breakdown. " Once TRIPTI SAINI 2024.08.31 10:32 I attest to the accuracy and integrity of this document (O&M) FAO-171-2024 (O&M) -8- e separated and the separation has continued for a the parties have separated and the separation has continued for a e separated and the separation has continued for a the parties hav sufficient length of time and one of them has presented a petition for sufficient length of time and one of them has presented a petition for sufficient length of time and one of them has presented a petition for sufficient length of time and one of them has presented a petition for divorce, it can well be presumed that the marriage has broken down. divorce, it can well be presumed that the marriage has broken down. divorce, it can well be presumed that the marriage has broken down. divorce, it can well be presumed that the marriage has broken down.

The court, no doubt, should seriously make an endeavour to The court, no doubt, should seriously make an endeavour to The court, no doubt, should seriously make an endeavour to The court, no doubt, should seriously make an endeavour to le the parties; yet, if it is found that the breakdown is reconcile the parties; yet, if it is found that the breakdown is le the parties; yet, if it is found that the breakdown is reconci irreparable, then divorce should not be withheld. The consequences irreparable, then divorce should not be withheld. The consequences irreparable, then divorce should not be withheld. The consequences irreparable, then divorce should not be withheld. The consequences of preservation in law of the unworkable marriage which has long of preservation in law of the unworkable marriage which has long of preservation in law of the unworkable marriage which has long of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for ceased to be effective are bound to be a source of greater misery ceased to be effective are bound to be a source of greater misery for ceased to be effective are bound to be a source of greater misery the parties. the parties.

We have been principally impressed by the consideration that 52. We have been principally impressed by the consideration that We have been principally impressed by the consideration that 52. once the marriage has broken down beyond repair, it would be once the marriage has broken down beyond repair, it would be once the marriage has broken down beyond repair, it would be once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of that fact, and it would be unrealistic for the law not to take notice of that fact, and it would be unrealistic for the law not to take notice of that fact, and it would be unrealistic for the law not to take notice of that fact, and it would be interests of the parties. Where harmful to society and injurious to the interests of the parties. Where harmful to society and injurious to the harmful to society and injurious to the period of continuous separation, it may fairly there has been a long period of continuous separation, it may fairly period of continuous separation, it may fairly there has been a long be surmised that the matrimonial bond is beyond repair.

The be surmised that the matrimonial bond is beyond repair. The be surmised that the matrimonial bond is beyond repair. The be surmised that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by a legal tie. By marriage becomes a fiction, though supported by a legal tie. By marriage becomes a fiction, though supported by a legal tie. By marriage becomes a fiction, though supported by a legal tie. By law in such cases do not serve the refusing to sever that tie the law in such cases do not serve the law in such cases do not serve the refusing to sever that tie the sanctity of marriage; on the contrary, it shows scant regard for the sanctity of marriage; on the contrary, it shows scant regard for the sanctity of marriage; on the contrary, it shows scant regard for the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. feelings and emotions of the parties. feelings and emotions of the parties.

Public interest demands not only that the married status should, 53. Public interest demands not only that the married status should, Public interest demands not only that the married status should, 53. d whenever possible, be as far as possible, as long as possible, and whenever possible, be as far as possible, as long as possible, an as far as possible, as long as possible, an maintained, but where a marriage has been wrecked beyond the maintained, but where a marriage has been wrecked beyond the maintained, but where a marriage has been wrecked beyond the maintained, but where a marriage has been wrecked beyond the hope of salvage, public interest lies in the recognition of that fact. hope of salvage, public interest lies in the recognition of that fact. hope of salvage, public interest lies in the recognition of that fact. Since there is no acceptable way in which a spouse can be 54. Since there is no acceptable way in which a spouse can be Since there is no acceptable way in which a spouse can be 54. sort, nothing is gained by compelled to resume life with the consort, nothing is gained by compelled to resume life with the con compelled to resume life with the con trying to keep the parties tied for ever to a marriage that in fact has trying to keep the parties tied for ever to a marriage that in fact has trying to keep the parties tied for ever to a marriage that in fact has trying to keep the parties tied for ever to a marriage that in fact has ceased to exist.” ceased to exist.” Constitution Bench of Hon’ble the Supreme Court in Shilpa Sailesh 12.

Constitution Bench of Hon’ble the Supreme Court in Constitution Bench of Hon’ble the Supreme Court in v.Varun Sreenivasan, 2024(1), observed as under: v.Varun Sreenivasan, 2024(1), observed as under:- “33 so, we wish to clearly state that grant of divorce 33. Having said so, we wish to clearly state that grant of divorce so, we wish to clearly state that grant of divorce on the ground of irretrievable breakdown of marriage by this Court on the ground of irretrievable breakdown of marriage by this Court on the ground of irretrievable breakdown of marriage by this Court on the ground of irretrievable breakdown of marriage by this Court TRIPTI SAINI 2024.08.31 10:32 I attest to the accuracy and integrity of this document (O&M) FAO-171-2024 (O&M) -9- is not a matter of right, but a discretion which is to be exercised with is not a matter of right, but a discretion which is to be exercised with is not a matter of right, but a discretion which is to be exercised with is not a matter of right, but a discretion which is to be exercised with great care and caution, keeping in mind several factors ensuring great care and caution, keeping in mind several factors ensuring great care and caution, keeping in mind several factors ensuring great care and caution, keeping in mind several factors ensuring that `complete justice' is done to both parties.

It is obvious that this that `complete justice' is done to both parties. It is obvious that this that `complete justice' is done to both parties. It is obvious that this that `complete justice' is done to both parties. It is obvious that this Court should be fully convinced and satisfied that the marriage is Court should be fully convinced and satisfied that the marriage is Court should be fully convinced and satisfied that the marriage is Court should be fully convinced and satisfied that the marriage is totally unworkable, emotionally dead and beyond salvation and, totally unworkable, emotionally dead and beyond salvation and, totally unworkable, emotionally dead and beyond salvation and, totally unworkable, emotionally dead and beyond salvation and, tion and the only therefore, dissolution of marriage is the right solution and the only therefore, dissolution of marriage is the right solu therefore, dissolution of marriage is the right solu way forward.

That the marriage has irretrievably broken down is to way forward. That the marriage has irretrievably broken down is to way forward. That the marriage has irretrievably broken down is to way forward. That the marriage has irretrievably broken down is to be factually determined and firmly established. For this, several be factually determined and firmly established. For this, several be factually determined and firmly established. For this, several be factually determined and firmly established. For this, several factors are to be considered such as the period of time the parties factors are to be considered such as the period of time the parties factors are to be considered such as the period of time the parties factors are to be considered such as the period of time the parties e parties had last cohabited; had cohabited after marriage; when the parties had last cohabited; had cohabited after marriage; when th had cohabited after marriage; when th the nature of allegations made by the parties against each other and the nature of allegations made by the parties against each other and the nature of allegations made by the parties against each other and the nature of allegations made by the parties against each other and their family members; the orders passed in the legal proceedings their family members; the orders passed in the legal proceedings their family members; the orders passed in the legal proceedings their family members; the orders passed in the legal proceedings from time to time, cumulative impact on the personal relationship; from time to time, cumulative impact on the personal relationship; from time to time, cumulative impact on the personal relationship; from time to time, cumulative impact on the personal relationship; empts were made to settle the disputes by whether, and how many attempts were made to settle the disputes by empts were made to settle the disputes by whether, and how many att intervention of the court or through mediation, and when the last intervention of the court or through mediation, and when the last intervention of the court or through mediation, and when the last intervention of the court or through mediation, and when the last attempt was made, etc.

The period of separation should be attempt was made, etc. The period of separation should be attempt was made, etc. The period of separation should be attempt was made, etc. The period of separation should be sufficiently long, and anything above six years or more will be a sufficiently long, and anything above six years or more will be a sufficiently long, and anything above six years or more will be a sufficiently long, and anything above six years or more will be a se facts have to be evaluated keeping in view relevant factor. But these facts have to be evaluated keeping in view se facts have to be evaluated keeping in view relevant factor. But the and social status of the parties, including their the economic and social status of the parties, including their and social status of the parties, including their the economic educational qualifications, whether the parties have any children, educational qualifications, whether the parties have any children, educational qualifications, whether the parties have any children, educational qualifications, whether the parties have any children, their age, educational qualification, and whether the other spouse their age, educational qualification, and whether the other spouse their age, educational qualification, and whether the other spouse their age, educational qualification, and whether the other spouse are dependent, in which event how and in what manner and children are dependent, in which event how and in what manner are dependent, in which event how and in what manner and children the party seeking divorce intends to take care and provide for the the party seeking divorce intends to take care and provide for the the party seeking divorce intends to take care and provide for the the party seeking divorce intends to take care and provide for the spouse or the children.

Question of custody and welfare of minor spouse or the children. Question of custody and welfare of minor spouse or the children. Question of custody and welfare of minor spouse or the children. Question of custody and welfare of minor children, provision for fair and adequate alimony for the wife, and children, provision for fair and adequate alimony for the wife, and children, provision for fair and adequate alimony for the wife, and children, provision for fair and adequate alimony for the wife, and nomic rights of the children and other pending matters, if any, economic rights of the children and other pending matters, if any, nomic rights of the children and other pending matters, if any, are relevant considerations. We would not like to codify the factors are relevant considerations. We would not like to codify the factors are relevant considerations. We would not like to codify the factors are relevant considerations.

We would not like to codify the factors so as to curtail exercise of jurisdiction under Article 142(1) of the so as to curtail exercise of jurisdiction under Article 142(1) of the so as to curtail exercise of jurisdiction under Article 142(1) of the so as to curtail exercise of jurisdiction under Article 142(1) of the ome of the factors Constitution of India, which is situation specific. Some of the factors Constitution of India, which is situation specific. S Constitution of India, which is situation specific. S mentioned can be taken as illustrative, and worthy of consideration.” mentioned can be taken as illustrative, and worthy of consideration. mentioned can be taken as illustrative, and worthy of consideration. mentioned can be taken as illustrative, and worthy of consideration.

There is no child out of the wedlock. separately for the last 25 years. There is no child out of the wedlock. The matrimonial bond is completely broken and is beyond repair. The matrimonial bond is completely broken and is beyond repair. The matrimonial bond is completely broken and is beyond repair. The matrimonial bond is completely broken and is beyond repair. continuation We have no doubt that this relationship must end as its continuation We have no doubt that this relationship must end as its We have no doubt that this relationship must end as its is causing cruelty on both the sides. The long separation and is causing cruelty on both the sides. The long separation and is causing cruelty on both the sides. The long separation and is causing cruelty on both the sides. The long separation and absence of cohabitation and the complete breakdown of all absence of cohabitation and the complete breakdown of all absence of cohabitation and the complete breakdown of all absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to meaningful bonds and the existing bitterness between the two, has to meaningful bonds and the existing bitterness between the two, has to meaningful bonds and the existing bitterness between the two, has to 5 Act.

We be read as cruelty under Section 13(1)(ia) of the 1955 Act. We be read as cruelty under Section 13(1)(ia) of the 195 be read as cruelty under Section 13(1)(ia) of the 195 therefore hold that in a given case, such as the one at hand, where therefore hold that in a given case, such as the one at hand, where therefore hold that in a given case, such as the one at hand, where therefore hold that in a given case, such as the one at hand, where the marital relationship has broken down irretrievably, where there the marital relationship has broken down irretrievably, where there the marital relationship has broken down irretrievably, where there the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation (as in the present is a long separation and absence of cohabitation (as in the present is a long separation and absence of cohabitation (as in the present is a long separation and absence of cohabitation (as in the present ourt cases between the case for the last 25 years), with multiple Court cases between the case for the last 25 years), with multiple case for the last 25 years), with multiple of such a `marriage' would only mean parties; then continuation of such a `marriage' would only mean of such a `marriage' would only mean parties; giving sanction to cruelty which each is inflicting on the other.

We giving sanction to cruelty which each is inflicting on the other. We giving sanction to cruelty which each is inflicting on the other. We giving sanction to cruelty which each is inflicting on the other. We are also conscious of the fact that a dissolution of this marriage are also conscious of the fact that a dissolution of this marriage are also conscious of the fact that a dissolution of this marriage are also conscious of the fact that a dissolution of this marriage es as there is no child out of the would affect only the two parties as there is no child out of the es as there is no child out of the would affect only the two parti wedlock.” wedlock.”

But the factual and practical aspect of such kind of evidence etc. But the factual and practical aspect of such kind of evidence etc. But the factual and practical aspect of such kind of evidence etc. But the factual and practical aspect of such kind of cases is that the Courts cannot force the parties to liv cases is that the Courts e together, force the parties to live together, , 1955 despite the dismissal of Section 13 of Hindu Marriage Act, 1955 despite the dismissal of Section 13 of despite the dismissal of Section 13 of TRIPTI SAINI 2024.08.31 10:32 I attest to the accuracy and integrity of this document (O&M) FAO-171-2024 (O&M) -11- petition for decree of divorce filed by any of the parties and despite petition for decree of divorce filed by any of the parties and despite petition for decree of divorce filed by any of the parties and despite petition for decree of divorce filed by any of the parties and despite the fact of their not being able to prove the ground on which they the fact of their not being able to prove the ground on which they the fact of their not being able to prove the ground on which they the fact of their not being able to prove the ground on which they n litigation under the were asking for dissolution of marriage.

In litigation under the were asking for dissolution of marriage. I were asking for dissolution of marriage. I , practically speaking, there cannot be Hindu Marriage Act, 1955, practically speaking, there cannot be , practically speaking, there cannot be Hindu Marriage Act win situation is that the any win or loose situation. The only win-win situation is that the any win or loose situation. The only win any win or loose situation. The only win parties amicably settle down their status mutually. Even if the parties amicably settle down their status mutually. Even if the parties amicably settle down their status mutually. Even if the parties amicably settle down their status mutually. Even if the divorce petition under Section 13 of Hindu Marriage Act,, 1955 for divorce petition under Section 13 of divorce petition under Section 13 of grant of decree of divorce is dismissed or for that matter petition grant of decree of divorce is dismissed or for that matter petition grant of decree of divorce is dismissed or for that matter petition grant of decree of divorce is dismissed or for that matter petition under Section 9 of Hindu Marriage Act, under Section 9 of for restitution of Hindu Marriage Act,, 1955 for restitution of conjugal rights is allowed, practically speaking there cannot be any conjugal rights is allowed, practically speaking there cannot be any conjugal rights is allowed, practically speaking there cannot be any conjugal rights is allowed, practically speaking there cannot be any matters.

Since the parties to the litigation execution in such kind of matters. Since the parties to the litigation matters. Since the parties to the litigation execution in such kind of are not the properties for which execution can be filed to retrieve it are not the properties for which execution can be filed to retrieve it are not the properties for which execution can be filed to retrieve it are not the properties for which execution can be filed to retrieve it to the other party. Emotions are attached to the parties for which to the other party. Emotions are attached to the parties for which to the other party. Emotions are attached to the parties for which to the other party. Emotions are attached to the parties for which they cannot be forced to live together. Once the conduct and the they cannot be forced to live together. Once the conduct and the they cannot be forced to live together. Once the conduct and the they cannot be forced to live together.

Once the conduct and the o live together during the period of their separation and effort to live together during the period of their separation and o live together during the period of their separation and effort t gravity of allegations made against each other is observed, that gravity of allegations made against each other is observed, that gravity of allegations made against each other is observed, that gravity of allegations made against each other is observed, that would actually be the weights and measures to decide the would actually be the weights and measures to decide the would actually be the weights and measures to decide the would actually be the weights and measures to decide the matrimonial cases under the Hindu Marriage Act, matrimonial cases under the Hindu Marriage Act,, 1955. * * * * *

This shows that parties has broken down irretrievably. Therefore, in view of law laid down by parties has broken down irretrievably. Therefore, in view of law laid down by parties has broken down irretrievably. Therefore, in view of law laid down by parties has broken down irretrievably. Therefore, in view of law laid down by Hon’ble Supreme Court in matrimonial matters under the Hindu Marriage Act, Hon’ble Supreme Court in matrimonial matters under the Hindu Marriage Act, Hon’ble Supreme Court in matrimonial matters under the Hindu Marriage Act, Hon’ble Supreme Court in matrimonial matters under the Hindu Marriage Act, possibility 1955 and by this Court referred to above, we do not find any kind of possibility 1955 and by this Court referred to above, we do not find any 1955 and by this Court referred to above, we do not find any of settlement between the parties and justice demand of settlement between be allowed and justice demands that the appeal be allowed and decree of divorce under Section 13 of Hindu Marriage Act, 1955 for and decree of divorce under Section 13 of Hindu Marriage Act, 1955 for and decree of divorce under Section 13 of Hindu Marriage Act, 1955 for and decree of divorce under Section 13 of Hindu Marriage Act, 1955 for TRIPTI SAINI 2024.08.31 10:32 I attest to the accuracy and integrity of this document (O&M) FAO-171-2024 (O&M) -13- dissolution of marriage of the parties be granted. dissolution of marriage of the parties be granted. dissolution of marriage of the parties be granted.