HM Journal

Marriage be dissolved if the marriage between the parties is emotionally dead.

Facts:

Appellant(husband) and respondent (Wife) got married under Hindu rites and customs. The appellant made allegation of cruelty and desertion against the respondent. Then appellant filed a suit for dissolution of marriage. The suit was dismissed by District Judge, the High Court also dismissed the appeal filed by the appellant upholding the judgment of the Trial Court holding that appellant could not make out a case of cruelty meted out by the Respondent.

Judgment:

without commenting on the merits of the matter, the marriage between the parties is emotionally dead and there is no point in persuading them to live together any more. Therefore, this is a fit case for exercise of jurisdiction under Article 142 of the Constitution of India. The marriage between the parties is dissolved. Taking note of the submissions made by Mr. Ranjan Mukherjee (Advocate for respondent) we direct the Appellant to pay an amount of Rs.25 Lakhs (Rupees Twenty-Five Lakhs) to the Respondent within a period of eight weeks from today. The petition filed by the Respondent under Section 125 Cr. PC for maintenance shall be withdrawn by the Respondent on receipt of the amount of Rs.25 Lakhs. Appeal disposed.

Link to the Judgement:

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