Shivani Thakur
Published on: June 16, 2022 at 15:47 IST
The Punjab and Haryana High Court stated that after the partners have separated for a sufficient period of time and one of them files a divorce petition, the marriage is deemed to be over.
“The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties,” the Court remarked.
The Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma observed thus as it allowed an Appeal filed by the husband against the order of the Family Court wherein his Petition under Section 13 of the Hindu Marriage Act for dissolution of marriage had been dismissed.
The respondent-wife was suffering from an irreversible mental disorder and used to be violent, savagely beating her children and even attacking the appellant.
The Appellant/husband claimed that despite his best efforts, he was unable to get the respondent medical treatment.
When his wife abandoned him for no apparent reason, the husband filed a complaint with the Family Court.
She said that her husband made false accusations against her in order to divorce her, and that he was the one who drove her to leave the marital home.
The husband’s request was dismissed by the lower court, so he Appealed to the High Court.
The Court further stated that the parties would suffer irreparable harm if a divorce decree was not granted.
The Court stated that once the couples have separated for a sufficient period of time and one of them has filed a divorce petition, the marriage is deemed to be over.
“Firstly efforts were made to resolve the matrimonial dispute through the process of mediation, which is one of the effective modes of alternative mechanism in resolving the personal dispute but the mediation failed between the parties,” the Court further observed as it allowed the appeal of the husband.