Uttarakhand High Court
Smt. Preeti Chetari vs Veer Bhadur Singh Chetari on 3 October, 2024
2024:UHC:7335-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
3RD OCTOBER, 2024
FIRST APPEAL NO. 17 Of 2019
Smt. Preeti Chetari .......Appellant
Versus
Veer Bhadur Singh Chetari .......Respondent
Counsel for the appellant : Mr. Devang Dobhal, learned counsel.
Counsel for the respondent : Mr. Nalin Saun, learned counsel.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
The instant First Appeal has been filed by
appellant-Smt. Preeti Chetari against the order dated
12.12.2018 passed by the Principal Family Judge,
Family Court, Dehradun in Original Suit No. 594 of
2012 titled as 'Smt. Preeti Chetari vs. Shri Veer
Bahadur Singh Chetari', whereby the suit filed by the
appellant under Sections 13(1)(ia) and 25 of the Hindu
Marriage Act, 1955 for divorce and permanent alimony
has been dismissed.
2. The marriage between the parties was solemnized
on 15.05.2007 and they are living separately since
27.07.2012. There is one child from the marriage, who
is at present 15 years of age. The marriage between
2024:UHC:7335-DB
the parties is a dead marriage in view of the judgments
of the Hon'ble Supreme Court.
3. The relevant details of the present appeal are as
follows :-
Date of marriage 15.05.2007
Date of Separation 27.07.2012
Details of the criminal 1) FIR No. 0052, P.S.
proceedings between the Vasant Vihar, under
parties. Sections 323, 498, 504,
and 506 dated
17.02.2023.
Issues from the marriage Aditya Chetari (born on
03.10.2009), aged about
15 years.
Decision of the Family Order dated 12.12.2018
Court passed by the Principal
Judge, Family Court,
Dehradun in Original Suit
No. 594 of 2012 titled as
'Smt. Preeti Chetari vs.
Veer Bahadur Singh
Chetari, whereby the suit
under Sections 13(1)(ia)
and 25 of the Hindu
2024:UHC:7335-DB
Marriage Act filed by the
appellant for divorce and
permanent alimony has
been dismissed.
Maintenance decided by Order dated 04.12.2019
the Family Court passed by the Principal
Family Judge, Family
Court, Dehradun in
Criminal Case No. 359 of
2014 titled as 'Smt. Preeti
Chetari vs. Veer Bahadur
Singh Chetari.
Maintenance of Rs. 2,000/-
was given to the child and
the prayer for maintenance
to the wife was rejected.
Reliance placed on the 1. Samar Ghosh v. Jaya
judgments of the Hon'ble Ghosh, (2007) 4 SCC 511.
Supreme Court on the 2. Shilpa Sailesh v. Varun
issue of dead marriage. Sreenivasan, 2023 SCC
OnLine SC 544. 3.
Prakashchandra Joshi v.
Kuntal Prakashchandra
Joshi @ Kuntal Visanji
2024:UHC:7335-DB
Shah, 2024 INSC 55.
4. As per the judgment of the Family Court, vide
order dated 12.12.2018, the suit of the appellant-wife
filed under Section 13(1) (ia) and 25 of the Hindu
Marriage Act, 1955 has been dismissed.
5. Learned counsel for the appellant states that the
appellant-wife does not want permanent alimony.
6. There is one criminal litigation pending between
the parties.
7. The marriage of the parties was solemnized on
15.05.2007, and both the parties are living separately
since 27.07.2012. There is more than 12 years'
separation between the parties. There is one male child
from the marriage, who is at present about 15 years of
age.
8. 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 more than 12
years.
2024:UHC:7335-DB
9. Recently, the Hon'ble Supreme Court in the case of
Shri Rakesh Raman v. Smt. Kavita, 2023 LiveLaw
(SC) 353 has examined the issue of dead marriage,
and has held that in a case, where the marriage has
broken down irretrievably, then it spells cruelty to both
the parties, as in such a relationship each party is
treating the other with cruelty, and hence it is a case of
long separation and absence of cohabitation and the
complete breakdown of all meaningful bonds and the
existing bitterness between the two, has to be read as
cruelty under Section 13(1) (ia) of the Hindu Marriage
Act, 1955.
10. In view of the above-said discussion, the present
Appeal is allowed, and the judgment and order dated
12.12.2018 passed by the learned Principal Family
Judge, Family Court in Original Suit No. 594 of 2012
titled as Smt. Preeti Chetari vs. Shri Veer Bahadur
Singh Chetari', whereby the suit filed by the appellant
under Sections 13(1)(ia) and 25 of the Hindu Marriage
Act, 1955 for divorce and permanent alimony has been
dismissed, is set aside. Divorce is granted to the
parties, and the marriage is dissolved.
11. Since the appellant does not want permanent
alimony, she will not be entitled to claim the same in
2024:UHC:7335-DB
future.
12. Pending application, if any, also stands disposed of
accordingly.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 3rd October, 2024
Rathour
PRAVIND
RATHOUR
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
RA S
2.5.4.20=23699ccc2fd40ad81b6fd133237
79d9e3aeb1097d17dbb53d481cabd2594
6eed, postalCode=263001,
st=UTTARAKHAND,
RATHOUR
serialNumber=1F65499E931DF71CDAF9
2A40CC6179B8E010331BA695239171F90
6FD5C45C4E8, cn=PRAVINDRA S
RATHOUR
Date: 2024.10.04 12:29:38 +05'30'
