Decree of divorce upheld due to prolonged separation and lack of bona fide efforts to resume cohabitation

Supreme Court Upholds Divorce Decree; Grants Rs. 50 Lakh Alimony. Prolonged Separation and Lack of Reconciliation Efforts Lead to Finalization of Divorce

In a landmark decision, the Supreme Court of India has upheld the divorce decree in the case of Pankaj Shukla v. Deepak Chaturvedi, affirming the dissolution of marriage due to prolonged separation and lack of genuine efforts to resume cohabitation. The apex court also granted a one-time permanent alimony of Rs. 50 lakh to the appellant-wife to ensure financial stability and future security.

The case originated from a petition filed by the respondent-husband, Deepak Chaturvedi, in 2012, under Sections 13(1)(a) and 13(1)(b) of the Hindu Marriage Act, 1955, seeking divorce on grounds of cruelty and desertion. Allegations included non-consummation of marriage, the appellant-wife's departure from the matrimonial home shortly after the wedding, and her subsequent pursuit of a legal career. The appellant-wife, Pankaj Shukla, later filed for restitution of conjugal rights under Section 9 of the same Act in 2016, which was dismissed.

The Family Court initially granted the divorce decree in 2019, noting the continuous separation since December 2008 and the absence of any genuine reconciliation efforts. The High Court of Rajasthan at Jodhpur upheld this decision in 2023, observing that the appellant-wife's actions, including her professional commitments and political involvement in the Bar Council Association, demonstrated no intent to restore the matrimonial relationship.

Upon appeal to the Supreme Court, the bench comprising Justices Vikram Nath and Sandeep Mehta concurred with the lower courts' findings. The Supreme Court emphasized the futility of maintaining a legal relationship devoid of substantive matrimonial ties, especially considering the respondent-husband's remarriage in May 2023. The court stressed that neither party had shown genuine intent to reconcile over the 17-year separation period.

Acknowledging the respondent-husband's duty to provide financial support, the Supreme Court granted a permanent alimony of Rs. 50 lakh to the appellant-wife. This decision considered both parties' financial standings, the respondent-husband's capacity as a contractor and proprietor, and the long separation period. The court directed the respondent-husband to make the payment within three months, thereby concluding the appeals with a focus on fairness and justice.

Bottom Line:

Decree of divorce upheld due to prolonged separation and lack of bona fide efforts to resume cohabitation; Permanent alimony of Rs. 50,00,000/- granted to wife in consideration of financial stability and future security.

Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(a), 13(1)(b), 9, 24

Pankaj Shukla v. Deepak Chaturvedi, (SC) : Law Finder Doc Id # 2807668