The Punjab and Haryana High Court recently granted divorce to a couple who had been living separately since 1994.

The Division Bench of Justice Gurvinder Singh Gill and Justice Deepinder Singh Nalwa observed that when either of spouses have chosen to live apart for over three decades without even a show of reconciliation or cohabitation, the very essence of marriage stands eroded.

“What remains is only a legal bond without any substance. To compel the parties to reside together after such a prolonged separation would be unrelaistic and infact, would inflict further mental cruelty on both sides,” the Court said while dissolving the couple’s marriage dating back to 1986.

A family court in Amritsar had in 2020 rejected the husband’s plea for divorce that was filed in 2016.

It was argued that the couple had lived together only for six months and their relationship was extremely strained due to the alleged wrongful conduct of the wife.

The husband had filed for divorce in 1996 as well but the same was dismissed by an Amritsar court in 1999; his appeal was dismissed by the High Court in 1999. This was the second round of litigation in the three-decade-old matrimonial case. 

The wife had initially gone to her parental home in 1987. The husband said that despite repeated attempts at reconciliation, the wife did not agree to return. However, she came back to the matrimonial home in September 1993 but allegedly refused to develop a physical relationship with him. She permanently left him in 1994.

On the other hand, the wife claimed harassment and also filed maintenance proceedings against the husband. She also filed a criminal complaint alleging that he had performed a second marriage and has two children. She also alleged that she had suffered a miscarriage due to the atrocities committed by the husband and his family members. 

During the pendency of the appeal, the High Court had asked the wife to consider settlement since the husband was undergoing treatment of prostate cancer. However, she declined. 

Considering the matter on merits, the Court said though it bears the solemn duty to safeguard the sanctity of marriage, this obligation cannot be stretched to compel the continuation of a relationship that had become wholly unworkable and devoid of substance.  

“When a marriage has broken down, has lost all vitality and has become nothing more than a dead formality, insisting upon reunion would not only be futile but would also amount to prolonging the suffering of both the parties,” the Court said.

Thus, it allowed the appeal and set aside the family court judgment. It also granted the wife a liberty to approach the family court for permanent alimony.

“Consequently, the present appeal is allowed, and impugned judgment and decree passed by the learned Family Court is set aside, and the marriage between the parties is dissolved by a decree of divorce,” it ordered.

Advocate Aman Arora represented the husband.

Senior Advocate Kanwaljit Singh with advocate Veer Imaan Singh Gill represented the wife.