26Th September vs Yogaxem Sharma
2024 Latest Caselaw 2251 UK

Uttarakhand High Court

26Th September vs Yogaxem Sharma on 26 September, 2024

                                                                  2024:UHC:7101-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. 134 OF 2024
                          26TH SEPTEMBER, 2024
Uma Tiwari                                                      .....Appellant.
                                        Versus

Yogaxem Sharma                                                  ....Respondent.

Counsel for the Appellant                    :       Mr. Priyanshu Gairola, learned
                                                     counsel.

Counsel for the Respondent                   :       None.

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 22.05.2024,

passed by the Principal Judge, Family Court, Dehradun in

Original Suit No.892 of 2023, "Smt. Uma Tiwari vs. Yogaxem

Sharma".

2. The relevant details of the present appeal are as

follows :-

       Date of marriage                          28.01.2015

       Date of separation                        18.04.2015

       Details     of     the    criminal -
       proceedings        between      the
       parties
       Issues from the marriage.                 -

       Maintenance decided by the -
       Family Court.

Reliance placed on the 1. Samar Ghosh v. Jaya Ghosh, 2024:UHC:7101-DB 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. The marriage of the parties was solemnized in the

year 2015, and both the parties are living separately since

2015. There is no child from the marriage. The divorce

petition filed by the appellant- wife was dismissed ex parte,

and the respondent- husband did not choose to appear before

the Family Court. Even, nobody has put in appearance in the

present case on behalf of the respondent, despite service of

notice.

4. 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.

5. In view of the above-said discussion, the present

Appeal is allowed, and the judgment and order dated

22.05.2024, passed by the Principal Judge, Family Court,

2024:UHC:7101-DB Dehradun, is set-aside. Divorce is granted to the parties and

the marriage is dissolved.

6. 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=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec

KUMAR 2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A0 55CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2024.09.27 17:30:18 +05'30'