NIRMAL SINGH PANESAR Vs. PARAMJIT KAUR PANESAR

JUDGEMENT

(1.) "Should the irretrievable breakdown of marriage necessarily result in the dissolution of marriage in exercise of powers under Article 142 of the Constitution of India, when such is not a ground for divorce under the Hindu Marriage Act 1955?" - is the question posed before us.

(2.) The appellant is a qualified doctor, and was Commissioned Air Force Officer. He retired on 30/4/1990 as Wing Commander. The respondent is also a qualified teacher, who was working in a Central School, and has retired now. The appellant had filed the Divorce proceedings on 12/3/1996 before the District Court, Chandigarh on two grounds, namely 'cruelty' and 'desertion' as contemplated in Sec. 13(1)(ia) and 13(1)(ib) respectively of the Hindu Marriage Act 1955 (hereinafter referred to as the said Act).

(3.) The instant appeal is directed against the judgment and order dtd. 18/2/2009 passed by the High Court of Punjab and Haryana at Chandigarh in LPA No. 195/2001 in FAO No. 44-M/2000 preferred by the appellant-husband, whereby the Division Bench of the High Court while dismissing the said LPA, had confirmed the judgment and decree dtd. 21/12/2000 passed by the Single Bench in the FAO No.44-M of 2000. The said FAO No. 44-M/2000 was preferred by the respondent-wife, against the judgment and decree dtd. 5/2/2000 passed by the District Judge, Chandigarh (hereinafter referred to as the District Court) in HMA No.63 of 1996, which had vide the said decree dtd. 5/2/2000 allowed the HMA filed by the appellant-husband, and dissolved the marriage between the parties under Sec. 13 of the said Act.