MADAN MOHAN MAITHANI Vs. LATA MAITHANI

JUDGEMENT

(1.) At this stage, when this Appeal is being considered for final argument, the matrimony between the parties has already reached to its very ripe stage of 33 years. It is not only that, even out of the matrimony between the parties to the Appeal, admittedly there were three children namely Himanshu, who at the time of filing of the petition was of 19 years, now 30 years of age, Kumari Neha, who was 17 years of age at the time of filing of the petition, now 28 years of age and Priyanshu, who was 16 years of age at the time of filing of the petition, now 27 years of age. Meaning thereby at this stage almost all children have also attain the majority and they themselves are of marriageable age.

(2.) Even when this petition was filed before this Court by way of present Appeal, the appellant in his affidavit has depicted his age to be 56 years and logically according to his own showing, he is now almost above 56 years of age. Under the Hindu mythology, the marriages are a sacrament of life where there is an unbreakable bond between the two sexes to spend their life together in all shortcomings, ups and downs of their life and to support each other whenever crisis befalls them. The youth hood of the marriage, though it has got its own fancies but realistic requirement of the marriage and the comparisonshop of a partner only attains its importance when the age starts wither out with the physical capacity of the partners denuding. We feel that this is the stage and thereafter that the actual necessity of a partner is required so as to understand to care and to shower affection, that too, when the children after attaining their majority venture out for pursuing their own careers or settling in their independent life.

(3.) At this stage sustaining the decree of dissolution of marriage or claiming a decree for dissolution would not serve a purpose for the parties. This is what the situation has reached to in the instant case. The appellant had instituted the proceedings for dissolution of marriage by filing of a petition under Section 13 of the Hindu Marriage Act in 2006, praying for that the marriage between them as solemnized on 02.10.1984 may be dissolved. The reason as assigned in plaint by the husband for seeking the decree for dissolution of marriage was that there happens to be certain ideological differences in the thought process of the parties to the appeal, which often constitutes to be the reason for feud between them and this has also resulted into a very unhealthy environment in the family, where the husband and the wife were often found in loggerheads with one another. Another reason which has been taken by the husband for getting a decree for divorce was that he is a government servant and he has to simultaneously discharge his official responsibilities, but on account of the paucity of time he admits that he was unable to take a complete care of the family which he as a head of the family is supposed to discharge.