Hindu Marriage Act, 1955
Sections 13(1)(ia) & 13(1)(ib)—Decree of divorce granted by trial court set aside by High Court—Appeal filed by husband—Fact that parties are living separately and wife was not able to deny the husband’s claim of prolonged lack of cohabitation—It is proven before the trial court that they have not cohabited with each other since 2001—No children born out of wedlock—All attempts at reconciliation have failed—Nature of allegations made against each other indicate a broken marriage and thus there is no point in compelling the couple to stay married—Necessary emotional and physical bond of love and affection have been lost over a long period of almost 20-25 years—Impugned order of High Court is set aside and that of trial court granting decree of divorce is restored—Appeal allowed.
[Para 11]