HARAJOGINDRA SINGH Vs. ELLORA BRAHMA

JUDGEMENT

(1.) HEARD Mr. N. C. Phukan, learned counsel for the appellant. None appears on behalf of respondent despite the names of Mr. K. Bhatta and Mr. S. Ali, engaged counsel have been duly reflected in the cause list dated 02. 09. 2008. On earlier occasions also when this matter was listed for hearing the learned counsel representing the respondent preferred not to appear before the Court despite their names duly reflected in the respective cause list itself. Having no other alternative, in the last order dated 19. 8. 2008 this Court gave the last chance to Mr. Bhatta and Mr. S. Ali to appear before the Court today.

(2.) BY means of this Matrimonial Appeal the appellant who is a doctor working under the Assam State Health Services has assailed the order dated 5. 2. 2007 passed by the learned Principal Judge, Family Court at Guwahati in F. C. (Civil) Case No. 71/04 whereby deciding the application under Section 13 (1) (ia) for dissolution of marriage on the ground of cruelty, the learned Judge instead of granting prayer for dissolution of marriage by a decree of divorce, ordered for judicial separation for the parties from the date of passing that order.

(3.) BE that as it may, since the appellant and the respondents have been living separately since April, 2000 till date, we are of the considered view that marriage is irretrievably broken down with no possibility of the parties to live together again due to their separation and no purpose would be served by compelling both the parties to live in the judicial separation as directed by the learned Principal Judge, Family Court and in the above premises, best course would be to dissolve the marriage by passing a decree of divorce of marriage as the parties are litigating since 2004 and they have lost their valuable part of lives and can live peacefully for the remaining part of their life. We order accordingly. We have taken this view in the light of judgment rendered by the Apex Court in the case of Rishikesh Sharma Vs. Saroj Sharma reported in (2007) 2 SCC 263.