New Delhi: After 22 years of struggling to get a divorce and working out a marriage, the Supreme Court gave a big relief to the husband ordering dissolution of marriage terming it 'unworkable, emotionally dead, beyond salvage and broken down irreversibly.'
The bench comprising of Justice Sanjay Kishan Kaul and MR Shah observed that though the interest of the wife had to be kept by providing permanent alimony, it was a fit case for the dissolution of marriage. The court has directed the husband to pay Rs20 lakh alimony within 8 weeks.
The court said, "If both parties to the marriage agree for separation permanently, in that case, certainly both the parties can move the competent court. Only in the case where one of the parties do not agree and give consent, only then the powers under Article 142 of the constitution of India are required to be invoked to do substantial justice between the parties, considering the facts and circumstances of the case."
In 2012, the husband had filed an appeal against the Andhra Pradesh High court judgment which upheld the family court's decision of refusing divorce.
The former couple got married in 1993 but after the differences arose between them, the wife stayed with her parents for most of the time till 1997. The husband alleged that cruelty was met out to him and filed an appeal for divorce in 1997 before a family court in Hyderabad.
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