March 22, 2023

HC: Disastrous not to grant divorce in a broken marriage | India News – Times of India

CHANDIGARH: It would be disastrous if divorce is not granted to a couple whose marriage has broken once and for all, the Punjab and Haryana HC has said while overturning a Gurgaon family court’s order in 2015 that rejected a husband’s plea for divorce from his long estranged wife.
“…Marriage, which is dead for all purposes, cannot be revived by the court’s verdict if parties are not willing since marriage involves human sentiments and emotions and if they have dried up, there is hardly any chance of their springing back to life on account of artificial reunion created by court decree,” the HC division bench of Justice Ritu Bahri and Justice Archana Puri said.


The couple was living separately for around 18 years and the woman was allegedly not ready to settle the dispute amicably. While the husband wanted a divorce and was ready to pay one-time alimony, the wife was not accepting that.
The man approached the Gurgaon family court and sought dissolution of his marriage on the grounds of mental cruelty. The court dismissed his plea in May 2015. He filed an appeal in the HC later. The HC observed that the man and his wife have been living separately since November 2003. The husband offered Rs 7.5 lakh to his wife to agree to divorce through mutual consent. But on October 12, 2021, the court was informed that the woman was not ready for mutual divorce. The man was directed to make a fixed deposit of Rs 10 lakh for his wife.

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