No effort made by either party for restitution if conjugal rights; Orissa HC grants divorce in a decade old marital dispute [Read Judgment]

Orissa: The Orissa High Court at Cuttack has passed a significant judgment dissolving a marriage that had been effectively non-functional for over a decade, granting divorce to the husband on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955.

A division bench comprising Justice B.P. Routray and Justice Chittaranjan Dash, while hearing the appeal in the case of Bibhu Ranjan Patra vs Suprava Patra, observed that the marriage, solemnized on March 3, 2013, had completely broken down, with the couple living separately since December 21, 2013.

Orissa High Court Grants Divorce Citing Lack of Restitution of Conjugal Rights

The court was hearing an appeal against the judgment dated November 29, 2017, passed by the learned Judge of the Family Court, Dhenkanal, in C.P. No. 25 of 2016, wherein the husband’s prayer for divorce under Section 13(1) of the Hindu Marriage Act had been refused.

The court noted that the marriage took place on March 3, 2013, and within a few months of the bride’s stay in the matrimonial home, the relationship had become strained. Furthermore, the court observed that both parties had made allegations and counter-allegations against each other. Additionally, it was noted that the marriage was never consummated, and, admittedly, the husband and wife had been living separately since December 21, 2013.

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Referring to the Supreme Court’s judgment in K. Srinivas Rao vs D.A. Deepa, the bench emphasized that when a marriage is beyond repair due to bitterness, courts have consistently viewed irretrievable breakdown as a significant factor warranting the severance of marital ties. The court in this case also held that “A marriage which is dead for all purposes cannot be revived by the Court’s verdict if the parties are not willing.”

Hindu Marriage Act: Court Dissolves Decade-Old Marriage Over Desertion

After examining the case and considering the above judgment, along with Section 13(1)(i-b) of the Hindu Marriage Act, 1955, the court dissolved the marriage and observed:

“We are conscious of the fact that many unprecedented events have occurred in the lives of the parties. The parties never resumed cohabitation after December 2013, and for the last 12 years, no effort has been made by either party for restitution of conjugal rights. Given these circumstances, coupled with the mutual allegations embedded in hatred, we find this to be a case of complete marital breakdown for the past decade. As such, we find it appropriate to grant a decree of divorce by dissolving the marriage on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act. Accordingly, the marriage between the appellant and respondent, solemnized on March 3, 2013, is hereby dissolved by a decree of divorce under Section 13(1)(i-b) of the Act.”

In addition to granting the divorce, the court also directed the husband to pay permanent alimony of Rs. 18 lakhs to the wife within two months by depositing the amount before the Family Court.

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Mr. Manoj Kumar Mohanty, Advocate, appeared for the petitioner, whereas Mr. S.K. Mishra, Senior Advocate, along with Ms. S. Rout, Advocate, appeared for the respondent.

[Read Judgment]