PRAMOD KUMAR C SHAH Vs. RAJULABEN

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act, 1984, is at the instance of a unsuccessful plaintiff -Husband in a suit for divorce under the Hindu Marriage Act and is directed against the judgment and decree dated 27.02.2009, passed by the Family Court, Ahmedabad, in Family Suit No.437 of 2000 by which the Family Court dismissed the suit.

(2.) At the outset, we may state that first in point of time the present appeal was taken up for hearing by a Division Bench of this High Court on 11th September, 2009. The Division Bench took the view that the parties had married in the Year -1982 and were estranged from each other since 1991. The Division Bench took the view that the marriage between the parties solemnized on 15.02.1982 had broken beyond repairs and it was the case of irretrievable break down of marriage. The Court also took the view that there was no possibility of reconciliation after nearly 20 years of separation and in such circumstances the Family Court ought to have passed a decree for divorce. The Court, in the circumstances, awarded monthly maintenance of Rs.10,000/ - in favour of the wife and passed a decree dissolving the marriage between the parties.

(3.) The respondent herein i.e. the wife feeling dissatisfied, challenged the judgment and decree passed by the Division Bench of this Court by filing a Special Leave Petition No.13420 of 2010 in the Supreme Court. The Supreme Court after hearing the parties was of the opinion that the view taken by the High Court might appear to be quite reasonable but, unfortunately irretrievable breakdown of marriage was not a ground for dissolution of marriage under the Hindu Marriage Act. According to the Supreme Court, the finding recorded by the High Court that, the marriage between the parties had broken down beyond repairs could not have been made a ground for the decree of dissolution of marriage. Accordingly, the Supreme Court set aside the judgment and decree passed by this Court. The Supreme Court also held that since the High Court had proceeded to give direction for the dissolution of marriage on the ground of irretrievable break down of marriage alone, had thereby failed to examine the findings recorded by the Trial Court on the pleas of cruelty and desertion taken by the husband as grounds for dissolution of marriage. In such circumstances, the Supreme Court thought fit to remit the matter to this High Court to consider the husband's appeal on merits. The Supreme Court accordingly restored the present appeal preferred by the husband to its original file and directed the High Court to hear and dispose off the appeal in accordance with law after hearing the parties.