The Punjab & Haryana High Court dissolved a marriage where the couple had lived apart for 17 years. The Court held that forcing them to stay together would amount to “mental cruelty” and create a fictional bond upheld only by law.
Case Background
The couple married in 2007 and separated in 2008. The husband filed for divorce in 2014, citing long-term separation. The Family Court rejected his plea, prompting the appeal.
Petitioner’s Stance
The husband argued they had lived separately since 2008. The wife did not deny this in her response. The couple never resumed marital relations over the 17-year period.
Court’s Ruling
Justices Sudhir Singh and Sukhvinder Kaur emphasized that continued separation with no effort at reconciliation indicated an irretrievable breakdown. The Court noted the wife never filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
The Court relied on the Supreme Court’s ruling in Naveen Kohli v. Neetu Kohli. That case held that denying divorce in such circumstances could lead to greater suffering and mental cruelty.
Final Verdict
The bench concluded that the marriage was “beyond repair” and unworkable. Continuing the legal bond would only cause emotional harm. The Court granted divorce, stating that separation had effectively ended the marital relationship.
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