SATISH SITOLE Vs. GANGA

JUDGEMENT

(1.) As far back as on 13.1.1995 two Judges of this Court in the case of Romesh Chander V. Savitri (1995) 2 SCC 7) had occasion to pose the question as to whether a marriage which is otherwise dead emotionally and practically should be continued for name sake. In the instant appeal, we are also faced with the same question.

(2.) Marriage between the appellant and the respondent was performed on 22.5.1992 according to Hindu rites and customs. On 21.8.1994 the respondent, for whatever reason, left her matrimonial home and went back to her parents and the couple have been living separately ever since. Soon thereafter, the parties took recourse to the law when on 30.12.1994 the appellant sent a notice to the respondent asking her to return to her matrimonial home. On 20.10.1995 the respondent lodged a complaint against the appellant and his family members under Section 498-A of the Indian Penal Code alleging demand of dowry and it is only on 2.2.2003 that they were finally acquitted after a full trial. The appellant also moved the Court of the Sub-Divisional Magistrate for issuance of a search warrant consequent upon which the respondent appeared before the Magistrate's Court and agreed to return to the appellant but she did not return as agreed.

(3.) Ultimately, on 28.9.1998 the appellant filed Matrimonial Case No.383/1998 before the Ninth Additional District Judge, Indore, (MP), on grounds of cruelty and desertion under Section 13(1)(1a)(1b) of the Hindu Marriage Act for dissolution of the marriage. Despite holding that the respondent had proved his case on grounds of cruelty and desertion, the trial court did not grant a decree for divorce, but thought it appropriate to pass a decree of judicial separation instead. On appeal preferred by the respondent against the decree of judicial separation passed by the trial court and the cross appeal filed by the appellant seeking dissolution of marriage, the High Court reversed the judgment and decree of the trial court upon holding that it was on account of the conduct of the appellant that the respondent was compelled to leave her matrimonial home. The learned Single Judge of the High Court also held that he was not satisfied that the appellant had been treated with cruelty by the respondent-wife. On such finding the High Court dismissed the appeal filed by the appellant and his prayer for dissolution of marriage and, on the other hand, allowed the appeal filed by the respondent-wife and set aside the judgment and decree of the trial court.