Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 15th September 2020
Sukhendu Das Vs Rita Mukherjee
FACTS:
In this case, the petitioner Mr. Sukhendu Das and the respondent Mrs. Rita Mukherjee were married in 1992 under Special marriage act 1954, were living separately since 2000. Both the Petitioners and Respondents are residents of West Bengal and are district judges of the same state. The petitioner said that the conflicts started arising due to the improper behavior by the Respondent as she failed to take care of his ill father and it was her moral duty to do so. The petitioner mentioned that he had appealed for divorce in the lower courts twice as well but was denied a fair assessment both the times. The first was denied in the civil court of Calcutta and the second appeal was denied in the High Court of West Bengal.
ISSUES:
Whether complete hostility and falling of marriage is a ground for divorce and whether the respondent is guilty of improper behavior and cruelty.
RULES:
Under section 27 of the Special Marriage Act,1954.
PETITIONER CONTENTION:
The petitioner contended that the Respondent refused to give him the custody of his child and did not even go to meet the petitioner when he was severely ill, all this was during when they were still married and the respondent was not agreeing for divorce. The petitioner said that they were living separately since 2000 and when he had filed for divorce in 2005, the respondent threatened the petitioner that she will file a criminal case against him and used foul language.
RESPONDENT CONTENTION:
The Respondent did not participate in the proceedings before the trial court and only filed a written statement. The Respondent contended by filing a written statement denying the allegations made in the application filed by the applicant for divorce. She refused all the things mentioned in the application and asked for dismissal of the application for divorce.
COURT OBSERVATION:
The bench of Justice S.A Bobde and Justice Nageswara Rao observed that the petitioner could not prove the cruelty part and there was no evidence to support it. As both the petitioner and respondents were officers of court the Bench tried to persuade them to reconsider the decision but as the respondent had failed to appear in the court, the bench could not go ahead with this suggestion.
JUDGEMENT:
The bench finally decided to accept the appeal for divorce considering the situation as both the parties had been living separately for 17 years. And the bench mentioned that the honorable court came to the decision as the marriage had broken down completely and the marriage between them could not work anymore. The court said that regarding the custody of the daughter, they could not do anything about it as she was 24 years old and not a minor. Further as the respondent was disinterested and did not appear before the court even once there was no point of not granting the divorce petition.
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