Delhi High Court: A Bench of Jyoti Singh and G.S. Sistani, JJ. allowed an appeal filed by the husband against the decision of the family court whereby it had granted a decree of judicial separation under Section 10 of the Hindu Marriage Act, 1955 instead of a decree of divorce as prayed for by the husband in a divorce petition filed under Section 13(1)(i-a) and (iii).
The husband had alleged various incidents of cruelty against the wife. But the same were held to be omnibus allegations by the trial court. However, the trial court was of the view that a case for granting a decree of judicial separation was established and therefore it passed the impugned order. The High Court upheld most of the findings of the trial court. However, it was held that the allegation in relation to the criminal case filed by the wife against the husband amounted to matrimonial cruelty. The husband was working in the Indian Air Force when the criminal case under various sections IPC including Section 498-A was filed. He had to undergo imprisonment for 111 days. However, the wife did not appear in the trial and the husband was ultimately acquitted. It was noted that the case was filed on the advice and under pressure of her brother. However, due to the imprisonment, the husband was not granted extension in his employment with the Indian Air Force which jeopardized his career and he suffered a great loss of reputation.
Apart from that. the parties were living separately for 15 years. There was no scope of reconciliation. The gap between them could not be bridged. It was observed: “the marriage has irretrievably broken down. While this may not be a ground for divorce under the Hindu Marriage Act, 1955 but in cases where the marriage is seen to be beyond repair, the courts have taken this as an important circumstance amongst other grounds including cruelty to severe the material tie. Marriage is an institution which is based on love, faith and trust and sentiments and emotions for each other. But if the parties have lost these virtues for each other, an artificial reunion is of no consequence.” It was noted that although the wife suffered remorse and regret her follies, she seemed to be undecided on what she wants in life. Even though she might want to go back, the husband was not willing to stay with her at all. Their marriage had reached a stage beyond salvage. Therefore, due to the cruelty inflicted upon the husband by causing his wrongful imprisonment, coupled with an irretrievable breakdown of the marriage, the Court granted a decree of divorce. [M.S. v. S.D., 2019 SCC OnLine Del 8234, decided on 23-04-2019]
