This appeal has been filed before the Honorable Supreme Court pursuing to the situation where the appellant and respondent who are also the husband and wife have been engaged in multifarious litigation and expect the court to resolve the issue once and for all. The family of the appellant was based in Jalandhar, and their wedding was solemnized by the traditions of the Hindu rites on 23rd April 2000 as the family base was at Jalandhar. The respondent herein was supposed to live and reside in Canada with her family. The matter when presented by the appellant it could be understood the period of the stay of the parties was for about two months constantly wherein the respondent was travelling to and from, but it can fairly be stated that on the 24th May 2001, the wife left the country for living with her family for long. The appellant, his allegation /petition filed before the court specifically stated that such part away was without the consent of the appellant.
The case, on the other hand, was clearly interpreted as the endeavour of the respondent for immigration of the appellant to Canada at his behest. The respondent then made an application and received a grant of citizenship from the Canadian government on the 6th August 2002 after which she did not come back to India for a period of more than two years. It was alleged by the appellant in his submission that the respondent did not file any paper with the Canadian Government for the process of his immigration, thereby claiming that the endeavour that was claimed was false. The respondent made her submission that the paper that was required from the appellant was incomplete.
As the submission was made, it became a moot point to understand that why for such a long period of time, the paper requirement could not be completed. The suspicious here states that it can be understood by the act of the parties that such respondent was only interested in Canadian citizenship and only after receiving such she returned back to India. The respondent after returning have stayed with the appellant only for a period of 2 and half months, and then after a fight broke out between the couple, the respondent again flew off to Canada. The Panchayat intervened between them and suggested the couple that they should live separately for a period of time in rented accommodation. However, such an arrangement did not happen due to some altercations between them and the respondent then flew off to Canada again.
- Whether cruelty between the marriages exists?
- Whether there was any effort by the respondent to try for immigration of the appellant?
- Whether the order passed is valid for divorce?
- Whether the order setting aside the divorce decree valid?
The Honorable Supreme Court after hearing the learned counsels representing both the parties in the matter above and considering the facts and the precedents submitted established by the Honorable Judges to support the prayers and pleadings of the parties in the matter above states its observation herein that stated that it is to be noted and considered well in advance that their different way being tried by the institutions to mediate the matter but such mediation failed to resolve the issues. The earlier institution has already paid in full attention to figure out all other reasons for breaking down of this marriage, extra-marital affairs and child through wedlock, but as far this court is concern the matter has reached to the point that the parties involved see little or no good in each other to settle on any terms but a divorce, but the as counsellor’s report stated that the respondent has mentioned she is comfortable living with appellant.
This court has realized that the utmost futility of any marriages is still a theory and marriages which makes little sense will and should not be considered for an opportunity whereas the court finds that any mediation procedure is only promising to the extent that shows the willingness of each party to proceed for some adjustment with regards to each other. The court has concluded all the endeavours were made for the parties to live together in harmony, which has miserably failed. The Court understands that neither party in this marriage has to be blamed for any such reason of the breakdown, and nothing has remained in this marriage as a ray of hope to retain. The Court also has read the counsellor’s report, and it says that very clearly. The court understands that in the eye of law it is the parties to the marriage that should consent to such breakdown and in this case the respondent is not consenting for such, but at the same, the court has the reason to believe that there was no way possible wherein the appellant and respondent will be living together in future. The court finds and believes that after the decree of divorce, both the parties will be able to live their life successfully in harmony. The court also has the reason to believe when there are no hopes to continue this marriage; there is also a traumatic experience suffered by this couple due to lengthy litigation process. Thus by exercising power issued under Article 142 of the Constitution of India, the court passed a decree of divorce and breaking down the wedlock by judicial process per se.
The court believes that from the submission, 7500/- INR that was being paid to the respondent as maintenance should be continued to be paid and think it is wise to pay such amount as the respondent is a qualified lawyer can meet her needs by her own. Further, the parties to this litigation free to file a suit for enhancement and cessation of the maintenance and same will be reconciled by the parties by the time of grant of this decree. The appeal is allowed bearing the cost of appeal by the parties themselves.