The Uttarakhand High Court allowed the dissolution of a marriage wherein both the parties were living separately since 2019.
The Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal passed this order while hearing an appeal filed by Vishal Upadhyay.
The appeal has been filed by the appellant husband against the order dated 16.09.2021, passed by the Judge, Family Court, Haridwar.
The marriage of the parties was solemnised on 02.05.2019, and they are living separately since July 2019. By order dated 30.08.2022, the Court directed the appellant- husband to pay maintenance @Rs 20,000/ – per month to the respondent- wife from the date of filing the appeal.
The Court observed that,
Since both the parties are qualified, it would amount to cruelty if they are not freed from this relationship. There is no scope of patching up between the parties.
The marriage of the parties was solemnized in the year 2019, and both the parties are living separately since 2019. There is no child from the marriage.
Keeping in view the facts of this marriage, it can be said that this marriage is nothing more than a dead marriage, and if both the parties are not granted divorce, it will amount to cruelty to both the parties. There is no emotional bonding between the parties, and there is no scope of patch-up between them, keeping in view the long period of separation of five years.
The appellant is paying Rs 20,000/- per month as maintenance to the respondent- wife.
Appellant has made a statement that an amount of Rupees Twenty Five Lakhs will be paid to the respondent within a period of six weeks, as permanent alimony.
In view of the above-said discussion, the Court allowed the appeal and the order dated 16.09.2019 passed by the Judge, Family Court, Haridwar, is set-aside. Divorce is granted to the parties.
The Court directed the appellant to pay Rs 25.00 Lakhs to the respondent- wife as permanent alimony within six weeks, and inform the Court.
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