FA/213/2022 of SUNIL RAYAL Vs ARCHANA RAYAL

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

HON’BLE THE CHIEF JUSTICE MS. RITU BAHRI AND HON’BLE SRI JUSTICE RAKESH THAPLIYAL

20THJUNE, 2024

FIRST APPEAL No. 213 OF 2022

Sunil Rayal.

…Appellant

Versus

Smt. Archana Rayal.

…Respondent

Counsel for the appellant. : Mr. M.S. Bisht, learned counsel. Counsel for the respondent. : None.

JUDGMENT: (per Ms. Ritu Bahri, C.J.)

There is delay of 31 days in preferring the

present Appeal. For the reasons stated in the application seeking condonation of delay (IA/1/2022), the same is allowed, and the delay is condoned.

2. The service on respondent has been effected way-back in the year 2023. Till date, she has not put in appearance.

The service on respondent has been effected

3. The appellant’s father – Shambhu Prasad Rayal

is present in Court today. He says that the appellant is working as Constable in the Indian Army. There is no child from the marriage of the parties. They are living separately since 2018.

4. As per the official record, service on the respondent has been effected in the year 2023. Despite service, she has not put in appearance. The Family Court has granted maintenance @ Rs. 15,000/- per month, and the appellant is paying the maintenance regularly. The amount of maintenance is directly deducted from the monthly salary of the appellant.

5. The parties are living separately since 2018, and the separation is now of six years. Instead of keeping this Appeal pending for the next four years, so that the marriage between the parties can be declared as dead marriage, we are proceeding to dispose of this Appeal ex parte today itself, as the respondent, despite service in January, 2023 has not put in appearance. Counsel for the appellant has informed that the respondent is educated and is B.A. qualified.

6. The Hon’ble Supreme Court in the cases of Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511, Shilpa Sailesh v. Varun Sreenivasan, 2023 SCC OnLine SC 544 and Prakashchandra Joshi v. Kuntal Prakashchandra Joshi @ Kuntal Visanji Shah, 2024 INSC 55, has held that dead marriage cannot be revived.

7. Keeping in view the facts of this marriage, it can be said that this is dead marriage. There is no child from this marriage. Accordingly, the present Appeal is being allowed on the ground of dead marriage, and if both the parties are not granted divorce, it will amount to cruelty to both the parties.

8. Appellant’s father – Shambhu Prasad Rayal, who is present in Court, has made statement that an amount of Rupees Ten Lakhs will be paid to the respondent within period of two months, as permanent alimony.

The appeal is allowed. Divorce is granted.

Permanent alimony of Rupees Ten Lakhs shall be paid to the respondent within two months’ time.

10. Pending application(s), if any, also stand disposed of accordingly.

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RITU BAHRI, C.J.

Dt: 20[th] June, 2024 Rahul

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RAKESH THAPLIYAL, J.