MUNISH KAKKAR Vs. NIDHI KAKKAR

JUDGEMENT

(1.) Marriages are said to be made in heaven. They are broken on earth. We are faced with a scenario where for the better part of almost two decades, the parties before us, who are husband and wife, have been engaged in multifarious litigation, including a divorce proceeding, which forms subject matter of the appeal before us.

(2.) The marriage between the parties was solemnized at Jalandhar according to Hindu rites on 23.4.2000, where apparently the family of the appellant was based. The family of the respondent is stated to have been based in Canada. It appears from the allegations that the constant period of stay of the parties was only for about two months, with the respondent moving back and forth, but, undisputedly on 24.5.2001, the respondent left for Canada to be with her family. It is the case of the appellant that this was not with his consent, while on the other hand it is the case of the respondent that she was making an endeavour for immigration of the appellant to Canada, and at his behest. The respondent did not return to India till 16.8.2002, which was soon after she obtained Canadian citizenship on 6.8.2002. It is also an admitted position that during this time, no papers were filed with the Canadian authorities for immigration of the appellant and that the respondent puts the blame on incomplete papers sent by the appellant. As to why the papers could not be completed over such a long period of time is a moot point. It does appear that the respondent was apparently interested in Canadian citizenship and only after having achieved that, came back to India.

(3.) The parties resided for barely two and a half months together, when a fight is stated to have broken out between the parties and the respondent again left the company of the appellant. There was an intervention by the Panchayat and the parties were asked to reside separately from their family, in a rented accommodation, but that too did not last for more than a couple of months. The respondent is stated to have left the common residence on 15.4.2003 after an altercation and then again left for Canada.