Allowed

Sri Raju Kumar v. Smt Rajni

Uttarakhand HC11 Jul 2024FA/125/2023

Case brief

AI extract

What is this about?

Husband appealed against ex-parte dismissal of his divorce petition. The High Court held that non-grant of divorce to spouses living separately since 2012 amounted to mental cruelty, allowed the appeal, set aside the Family Court judgment and dissolved the marriage, directing Rs. five lakhs permanent alimony to the wife.

What did the court decide?

Divorce decree granted; judgment dated 10.05.2023 in O.S. No. 398 of 2021 set aside; appellant directed to pay Rs. 5,00,000 permanent alimony via DLSA Dehradun within six weeks.

Sri Raju Kumar Vs Smt Rajni — Maintenance and Alimony | Uttarakhand HC (2024)

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I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

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HON’BLE THE CHI EF JUSTI CE MS. RI TU BAHRI AND HON’BLE MR. JUSTI CE RAKESH THAPLI YAL

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FI RST APPEAL NO. 1 2 5 OF 2 0 2 3

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1 1^TH JULY, 2 0 2 4

Raju Kumar

…… Appellant

Versus

Smt. Rajni …… Respondent Counsel for the appellant : Mr. Karan Anand, learned counsel Counsel for the respondent : --

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Th e Cou r t m ade t h e follow in g:

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JUDGMENT: ( per Hon ’ble Th e Ch ief Ju st ice Ms. Rit u Bah r i)

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The marriage between the parties was

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solemnized on 13.02.2012. They are living separately since 2012, and there is no child from this marriage.

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2) The relevant details are as follows :

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DATE OF MARRIAGE	13^thFebruary 2012
DATE OF SEPARATION	2012
DETAILS OF THE CRIMINAL PROCEEDINGS BETWEEN THE PARTIES	No

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ISSUES FROM THE MARRIAGE	No issue
DECISION OF THE FAMILY COURT	Ex-parte
MAINTENANCE DECIDED BY THE FAMILY COURT	--
RELIANCE PLACED ON THE FOLLOWING JUDGEMENTS OF THE HON’BLE SUPREME COURT ON THE ISSUE OF DEAD MARRIAGE:	1. Samar Ghosh vs. Jaya Ghosh, (2007) 4 SCC 511 2. Shilpa Sailesh vs. Varubn Sreenivasan, (2023) SCC Online SC 544
	3. Prakashchandra Joshi versus Kuntal
	Prakashchandra Joshi @
	Kuntal Visanji shah, 2024 INSC 55.

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The Family Court has dismissed the divorce petition filed by the appellant-husband ex-parte . In the present appeal also, service on respondent-wife has been effected by way of affixation, as she had refused to accept notice of service.

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Since the parties are living separately since 2012, it is a dead marriage. At this stage, apart from the Supreme Court judgments, another fact to be observed is that in the present case non-grant of divorce to the parties, who are living separately since 2012, will

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also amount to mental cruelty. In such view of the matter, the first appeal deserves to be allowed.

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The respondent-wife is residing in Dehradun. Keeping in view the fact that the appellant-husband is a driver by profession, direction is being given to the appellant-husband to pay an amount of rupees five lakhs towards permanent alimony to the respondent-wife. Said amount is to be deposited by the appellant-husband before the District Legal Services Authority, Dehradun within six weeks from today, and the DLSA, Dehradun will get in touch with the respondent-wife and give her this amount.

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The first appeal is, accordingly, allowed. The judgment dated 10.05.2023 passed by learned Additional Judge, Family Court, Dehradun, passed in O.S. No. 398 of 2021, is set aside. The marriage between the parties is dissolved by a decree of divorce as per the terms mentioned above.

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_______________ RI TU BAHRI , C.J.

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ RAKESH THAPLI YAL, J.

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Dt: 11^TH JULY, 2024 Negi

Sri Raju Kumar v. Smt Rajni

Case brief

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Sri Raju Kumar v. Smt Rajni

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