Tuesday, March 29, 2022

Divorce - Court in exercise of its power under Article 142 of Constitution of India dissolved marriages when they are totally unworkable and irretrievable - Decree of divorce and husband to pay amount of Rs.25 Lakhs to wife.


Constitution of India, 1950, Article 142 - Criminal Procedure Code, 1973, Section 125 - Decree of divorce and maintenance - Court in exercise of its power under Article 142 of Constitution of India dissolved marriages when they are totally unworkable and irretrievable - Husband police officer in State of West Bengal and made allegation of cruelty and desertion against wife - Though wife insisted that she intends to live with husband, but, no meaningful effort made by her for reconciliation - Allegations made by wife relate to adultery by husband which was reason for her moving out of matrimonial home - Best efforts made by Counsel,but wife insisted that she is not willing for dissolution of marriage - Thus, marriage between parties emotionally dead and no point in persuading them to live together any more - Therefore, fit case for exercise of jurisdiction under Article 142 of Constitution of India - Marriage between parties dissolved - Husband to pay amount of Rs.25 Lakhs to wife.
1. The Appellant married the Respondent on 02.03.1997 and registered the same under the Special Marriage Act, 1954. Thereafter, the marriage was solemnized between the parties on 07.12.2000 under the Hindu rites and customs.
Alleging cruelty and desertion by the Respondent, the appellant filed a suit for dissolution of marriage on 05.03.2007 before the District Judge, Alipore.

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