Irretrievable breakdown of marriage

Facts

1. The parties tied the knot of marriage at Jalandhar as per the rites and rituals of Hindus in April, 2000. The family of the husband resides in India and the family of the wife resides in Canada. The parties barely stayed together for two months. The wife left for Canada without the consent of the appellant to stay with her family and did not return to India till 16-08-2002 and as for explanation she submitted that she is trying to bring the husband there.
2. She even acquired the citizenship of Canada on 06-08-2002. During this time, no papers were filed before the Canadian authority for the immigration of husband to Canada and she puts blame upon the husband for sending incomplete papers. There was intervention of Panchayat and the party was asked to reside separately from their family in a rented accommodation but couldn’t last long. The respondent is stated to have left the common resident in April, 2003 after altercation and then again left for Canada.
3. The appellant then filed a divorce petition under Section 13(i)(a) of the Hindu Marriage Act, 1955 on the ground of cruelty in May, 2003. He submitted that his loneliness and lack of co-habitation is the cause of physical and mental torture. The respondent has rarely any interest in living with the appellant in India. Despite having a stable job in India she compelled him to shift to Canada.
4. The appellant also submits that his wife is suffering from depression and was under medication, so being reluctant he signed the immigration papers in order to save his marriage. The appellant submitted that she illegally reached Canada and took her streedhan in 2001.
5. The respondent claimed that she traveled to Canada to meet all the insistences of immigration to Canada although she had not taken any document of the appellant with her. She even alleged her husband of abandoning her and blamed appellant for physically assaulting her and asking for dowry and having an extra marital affair. She even claimed that they made her abort her child when she was taken to doctor.
6. The appellant denied the fact that she was pregnant, but accordingly replied that she was under a general medical treatment.

Held
Additional district Judge
The court granted the decree of divorce.
High court

1. The high court set aside the decree of divorce and framed six primary grounds to examine the case of dissolution of marriage. The court only took note of the allegation of extra marital affairs and abortion and of the opinion not to knock down the fundamental walls of the marriage.
2.  It was further concluded that neither party endlessly made imputations regarding extra marital affair which does not result into cruelty.
3. Irretrievable breakdown of marriage is not considered as a ground for divorce in India.
   The parties with consent then referred to the counselor. He opinioned that separation for 16 years has brought bitterness in their relationship and there was no sign of affection between them.

Supreme Court
Either of the parties to the marriage failed to prove the allegations against each other and it was also observed by the Supreme Court that there is nothing left between the parties and have nothing more than bitter memories. Since, there was no fault in marriage and no presence of a valid ground of divorce. The Supreme Court in exercising its inherited powers under Article 142 of the Constitution of India granted Divorce to the parties and allowed the appeal.