Uttarakhand High Court
Vishal Upadhyay vs Arpita Shukla on 1 August, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
FIRST APPEAL NO. 209 OF 2022
01ST AUGUST, 2024
Vishal Upadhyay .....Appellant.
Versus
Arpita Shukla ....Respondent.
Counsel for the Appellant : Mr. Pankaj Kaushik, learned
counsel.
Counsel for the Respondent : Mr. Ankur Sharma, learned
counsel.
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Ms. Ritu Bahri)
The present appeal has been filed by the appellant-
husband against the judgment and order dated 16.09.2021,
passed by the Judge, Family Court, Haridwar in Original Suit
No.22 of 2021, "Vishal Upadhyay vs. Smt. Arpita Shukla".
2. The marriage of the parties was solemnized on
02.05.2019, and they are living separately since July, 2019.
Vide order dated 30.08.2022, this Court directed the
appellant- husband to pay maintenance @Rs.20,000/- per
month to the respondent- wife from the date of filing the
present appeal.
3. The relevant details of the present appeal are as
follows :-
Date of marriage 02.05.2019
Date of separation 27.05.2019
Details of the criminal 1. Case No.352 of 2019, under
proceedings between the
Sections 498A, 323, 504, 506 IPC
parties
and 3/4 Dowry Prohibition Act in
the Court of 2nd ACMM, Kanpur,
"State vs. Vishal Upadhyay", filed
by the respondent- wife.
2. Case under Section 125 of
Cr.P.C. and a case under Section
12 of the Domestic Violence Act
filed by the respondent- wife.
3. Criminal Misc. No.4075 of 2021
in the Hon'ble Allahabad High
Court filed by the appellant-
husband.
Issues from the marriage. -
Maintenance decided by the Rs.20,000/- granted by the Family
Family Court.
Court, Haridwar in O.S.22 of 2021.
Reliance placed on the 1. Samar Ghosh v. Jaya Ghosh,
judgments of the Hon'ble (2007) 4 SCC 511.
Supreme Court that 2. Shilpa Sailesh v. Varun
marriage is dead after a long Sreenivasan, 2023 SCC OnLine
period of separation. SC 544.
3. Prakashchandra Joshi v.
Kuntal Prakashchandra Joshi @
Kuntal Visanji Shah, 2024 INSC
4. Keeping in view the judgments of the Hon'ble
Supreme Court, since both the parties are qualified, it would
amount to cruelty if they are not freed from this relationship.
There is no scope of patching up between the parties.
5. The marriage of the parties was solemnized in the
year 2019, and both the parties are living separately since
2019. There is no child from the marriage.
6. Keeping in view the facts of this marriage, it can be
said that this marriage is nothing more than a dead marriage,
and if both the parties are not granted divorce, it will amount
to cruelty to both the parties. There is no emotional bonding
between the parties, and there is no scope of patch-up
between them, keeping in view the long period of separation
of five years.
7. The appellant is paying Rs.20,000/- per month as
maintenance to the respondent- wife.
8. Appellant has made a statement that an amount of
Rupees Twenty Five Lakhs will be paid to the respondent
within a period of six weeks, as permanent alimony.
9. In view of the above-said discussion, the present
Appeal is allowed, and the judgment and order dated
16.09.2019 passed by the Judge, Family Court, Haridwar, is
set-aside. Divorce is granted to the parties.
10. The appellant is directed to pay Rs.25.00 Lakhs to
the respondent- wife as permanent alimony within six weeks,
and inform this Court.
11. List for reporting on 26.09.2024.
12. Pending application, if any, also stands disposed of.
(RITU BAHRI, C.J.)
(RAKESH THAPLIYAL, J.)
Dated: 01st August, 2024
NISHANT
