'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

The Orissa High Court has recently granted divorce to a couple on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, further observing that the couple have indulged in levelling bitter allegations against each other portraying hatred and a complete breakdown of marriage for more than last one decade.Highlighting severe marital dissensions between the husband and wife, the Division Bench of Justice Bibhu Prasad Routray and Justice Chittaranjan Dash noted –“…during last 12 years no effort has been made by either party for restitution of conjugal rights. So, in the circumstances keeping in view the fact as noted above, coupled with the allegations leveled against each other embedded with hatredness we find to be a case of complete breakdown of marriage for last one decade and as such we feel it appropriate to grant decree of divorce by dissolving the marriage on the ground of desertion U/s. 13(1) (ib) of the Hindu Marriage Act.”Brief BackgroundThe marriage between the parties took place on March 03, 2013. Bitterness started between the couple within a few months of the marriage and they kept on levelling allegations and counter allegations. It was also alleged that the marriage was never consummated and admittedly the husband and wife stayed separately since December 21, 2013. A criminal case was also instituted by the wife against the husband and other in-laws.The husband filed a petition before the Judge, Family Court, Dhenkanal seeking divorce. However, by the judgment dated November 29, 2017, the Court rejected to grant divorce. Dissatisfied with the decision, the husband filed this matrimonial appeal before the High Court.Court's ObservationsThe Court examined Section 13(1)(i-b) of the Act which provides that any marriage may be dissolved, on a petition presented by either the husband or the wife, by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.It also referred to the observations made by the Supreme Court in the case of K. Srinivas Rao v. D.A. Deepa (2013), which held as follows –“Irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955. But, where marriage is beyond repair on account of bitterness created by the acts of the husband or the wife or of both, the Courts have always taken irretrievable breakdown of marriage as a very weighty circumstance amongst others necessitating severance of marital tie. A marriage which is dead for all purposes cannot be revived by the Court's verdict, if the parties are not willing. This is because marriage involves human sentiments and emotions and if they are dried-up there is hardly any chance of their springing back to life on account of artificial reunion created by the Court's decree.”Keeping in view the statutory provision as well as the aforesaid precedent, the Court took into account the fact that the wife has deserted the husband since 2013 and both of them never cohabited thereafter. It further noted that during the last 12 years, no effort was made by either of them to resolve the dispute.Moreover, the Court also considered the consistent conducts of the parties in levelling allegations and counter-allegations against each other filled with hatred, which suggests an irretrievable breakdown of marriage.Therefore, the Court deemed it appropriate to release the couple from the bond of marriage where marital relations no more exist. Accordingly, it granted divorce in favour of the husband on the ground of desertion of the wife under Section 13(1)(i-b) of the Act.Though the Senior Counsel appearing for the wife claimed a permanent alimony to the tune of Rs. 30 lakhs, it was vehemently objected to by the counsel for the appellant-husband. Thus, having consideration for the income of the husband, standard of living of both the parties as well as financial security of the wife, the Court granted a sum of Rs. 18 lakhs as permanent alimony to the wife.Case Title: BRP v. SPCase No: MATA No. 168 of 2017Date of Judgment: March 12, 2025Counsel for the Appellant: Mr. Manoj Kumar Mohanty, AdvocateCounsel for the Respondent: Mr. S.K. Mishra, Senior Advocate along with Ms. S. Rout, AdvocateCitation: 2025 LiveLaw (Ori) 51Click Here To Read/Download Order

'Allegations Embedded With Hatred, Complete Breakdown Of Marriage For One Decade': Orissa High Court Grants Divorce To Couple

Jyoti Prakash Dutta

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