Hindu Marriage Act, 1955
Sections 12 & 13—Decree of nullity and dissolution of marriage on grounds of cruelty and desertion—Dismissal of petition filed by husband—Appeal—Marriage between parties had broken down irretrievably and there is no chance of their coming together or living together again—Once the parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down—Court, no doubt, should seriously make an endeavour to reconcile the parties; yet, if it is found that breakdown is irreparable, then divorce should not be withheld—Consequences of preservation of law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties—Husband and wife are living separately for last eleven years—Efforts were made to resolve matrimonial dispute through the process of mediation but the mediation failed between parties—Decree of divorce granted in favour of husband—Appeal allowed.
[Paras 25 to 27]
Decision : Appeal allowed