Uttarakhand High Court
26Th September vs Lata on 26 September, 2024
2024:UHC:7098-DB
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. 24 OF 2021
26TH SEPTEMBER, 2024
Sunil Kumar .....Appellant.
Versus
Lata ....Respondent.
Counsel for the Appellant : Mr. Ramji Srivastava, learned
counsel.
Counsel for the Respondent : Mr. Rakshit Joshi, 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 04.03.2021,
passed by the Principal Judge, Family Court, Kashipur, District
Udham Singh Nagar in Original Suit No.162 of 2016, "Sunil
Kumar vs. Smt. Lata".
2. The relevant details of the present appeal are as
follows :-
Date of marriage 24.02.2011
Date of separation April, 2013
Details of the criminal 1. Case under Section 4 of the
proceedings between the
Dowry Prohibition Act, 1961, in the
parties
Court of ACJM Kashipur, filed by
the respondent- wife.
2024:UHC:7098-DB
2. Case under Section 498-A IPC in
the Court of ACJM, Kashipur, filed
by the respondent- wife.
Issues from the marriage. -
Maintenance decided by the -
Family Court.
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
3. In compliance of the order dated 05.09.2024,
respondent- wife has accepted Rs.5.00 Lakhs as permanent
alimony. The appellant- husband has filed an affidavit to the
effect that he has given Rs.5.00 Lakhs as permanent alimony
to the respondent- wife, and this fact is not being disputed by
learned counsel for the respondent.
4. 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.
5. 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
2024:UHC:7098-DB
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.
6. In view of the above-said discussion, the present
Appeal is allowed, and the judgment and order dated
04.03.2021 passed by the Principal Judge, Family Court,
Kashipur, District Udham Singh Nagar, is set-aside. Divorce is
granted to the parties and the marriage is dissolved.
7. Pending application, if any, also stands disposed of.
(RITU BAHRI, C.J.)
(RAKESH THAPLIYAL, J.)
Dated: 26th September, 2024
NISHANT
NISHANT Digitally signed by NISHANT KUMAR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7
KUMAR
462b452b326, postalCode=263001, st=UTTARAKHAND,
serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055C
FD1961690560487E670C, cn=NISHANT KUMAR
Date: 2024.09.27 17:29:30 +05'30'
