Case Note & Summary
The appellant-husband, Yogendra Lahu Bhoir, and the respondent-wife, Prema Yogendra Bhoir, were married on 10 May 2006 and had a son born on 18 June 2007. Marital discord began in 2008, and the wife left the matrimonial home on 2 September 2012, after which the parties lived separately. The husband filed a divorce petition on 24 June 2013 before the Family Court, Thane, under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, alleging cruelty. The wife filed a petition for restitution of conjugal rights on 24 March 2014 and a criminal maintenance application on 26 March 2015. The Family Court dismissed the divorce petition on 15 May 2019, holding that the husband failed to prove cruelty. The husband appealed. The High Court noted that the parties had been living separately for over 13 years, with multiple litigations and no possibility of reconciliation. The court considered the wife's conduct, including filing false criminal complaints, and held that the irretrievable breakdown of marriage constituted cruelty. The court allowed the appeal, granted divorce, and directed the husband to pay permanent alimony of Rs. 25,00,000 to the wife within six months, failing which the divorce decree would not take effect. The court also disposed of the wife's interim application for maintenance.
Headnote
A) Hindu Marriage Act - Divorce on Ground of Cruelty - Section 13(1)(i-a) - Irretrievable Breakdown - The appellant-husband sought divorce alleging cruelty by the wife, including false criminal complaints and long separation. The Family Court dismissed the petition. The High Court held that the conduct of the wife in filing multiple false complaints and the irretrievable breakdown of marriage due to over 13 years of separation constituted cruelty, and granted divorce. (Paras 1-17) B) Hindu Marriage Act - Irretrievable Breakdown of Marriage - Section 13(1)(i-a) - Long Separation - The parties lived separately since 2012, with no possibility of reconciliation. The High Court held that such long separation and the failure of marriage are relevant factors in determining cruelty, and granted divorce to prevent further hardship. (Paras 10-17)
Issue of Consideration
Whether the appellant-husband is entitled to divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and whether the irretrievable breakdown of marriage can be a basis for granting divorce.
Final Decision
Appeal allowed. Marriage dissolved by decree of divorce under Section 13(1)(i-a) of Hindu Marriage Act, 1955. Appellant to pay permanent alimony of Rs. 25,00,000 to respondent within six months, failing which decree not to take effect. Interim application disposed of.
Law Points
- Cruelty under Section 13(1)(i-a) of Hindu Marriage Act
- 1955
- Irretrievable breakdown of marriage
- Long separation as cruelty
- Maintenance under Section 125 CrPC
- Restitution of conjugal rights
