Long Separation Coupled with Criminal Prosecution without Any Desire to Retrieve Relationship Shows Irretrievable Breakdown of Marriage: Allahabad HC

Legal Article by - GURLEEN KAUR (This Article was written by her during her Internship)

The Allahabad High Court held in this judgement that a long Separation from one’s Spouse, combined with criminal prosecution is no desire to reconcile, constitutes an irretrievable breakdown of marriage. In this situation the court can grant a divorce even if one party does not give consent, as this marriage is now beyond repair and meant to be ended.

This case is a 21 years old separation issue where the appellant Smt. Arti Tiwari (wife) filed for divorce under section 13(1) (ia) of the Hindu Marriage Act, 1995, imposing the allegations of cruelty and demands of dowry from the husband and In-laws family, resulting in the irretrievable breakdown of marriage. In contest of this, respondent Sanjay Kumar Tiwari (husband) denied all the allegations and demanded for the reconciliation of marriage.

The Trial Court had dismissed the divorce petition and the appellant (wife) has appealed before the High Court of Allahabad.

The contentions made by the Appellant’s Counsel stated that:

• The Husband’s behaviour was cruel towards the wife resulting in physical suffering.

• The marriage had broken down irretrievably, which makes divorce is the only option.

• The parties had lived separately for over 10 years without any attempt of reconciliation.

• Pendency of criminal cases between the parties demonstrated a complete breakdown of the relationship.

• The contentions made by the Respondent’s Counsel stated that:

• The allegations of cruelty imposed on the husband are truly false and totally denied by the respondent, who also claimed that the wife was at fault.

• The husband said that there are still chances of reconciliation and the marriage could still be salvaged.

• The husband also stated that the wife's reasons are not sufficient for divorce under Hindu Marriage Act, 1995.

Further, the Court allowed the appeal of the wife and granted divorce under Section 13(1) (ia) of the Hindu Marriage Act, 1995. With reasonings that there was a 10 years long separation of husband and wife which shows zero interest in the reconciliation. The pendency of criminal cases between the both parties indicates the complete breakdown of this relationship. There is no strong evidence which shows any desire for reconciliation of this relationship from any party. The Court stated that these reasons are collectively established reasons for the breakdown of the marriage and divorce is the only option.

In the verdict, the separation for 10 years, lack of efforts to reconcile the marriage and pendency of criminal cases resulted in the breakdown of the marriage between Smt. Arti Tiwari and Sanjay Kumar Tiwari. The court’s decision acknowledges the current reality and advises both parties to move on further in their life. This judgement showcased the importance of practicality in the relationship like marriage, that divorce is a better option if things are not working between couples rather than holding the relationship for the sake of society or relying on traditional grounds.

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