This case concerns a long-standing matrimonial dispute between the appellant-husband and respondent-wife, who have been separated since 2008. The marriage, solemnized on March 25, 1999, produced two adult children. The appellant filed for restitution of conjugal rights in 2008, resulting in a decree in 2013, which the respondent did not follow. Consequently, the appellant sought a divorce on grounds of cruelty and desertion in 2013. The Family Court granted the divorce in 2016, but the High Court overturned it in 2019. The Supreme Court reinstated the divorce decree on the ground of desertion, subject to the appellant paying Rs. 30 lakhs as lump sum alimony to the respondent.

Factual Aspects

1. Background and Separation:

   • The appellant-husband and respondent-wife have been continuously separated since 2008.
   • Marriage was solemnized on March 25, 1999, and they have two adult children.

2. Initial Petition for Restitution of Conjugal Rights:

   • Appellant filed a petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights on December 17, 2008.
   • Decree passed on May 15, 2013, directed the respondent to join the appellant’s company within three months.

3. Subsequent Divorce Petition:

   • Due to respondent's non-compliance with the decree, appellant filed for divorce under Section 13 of the HM Act on August 23, 2013.
   • The Family Court at Barnala granted the divorce on August 1, 2016.
   • The High Court set aside the divorce decree on October 4, 2019.

4. Additional Litigations:

   • Respondent filed a petition under Section 125 of the CrPC for maintenance, partly allowed on October 19, 2013.
   • Respondent also filed a complaint under Sections 406 and 498A of IPC, dismissed on April 16, 2014.

5. Mediation Efforts:

   • The Supreme Court Mediation Centre's attempt failed on August 2, 2021.
   • Further attempts by the Court to settle were unsuccessful.

Submissions

6. Appellant's Submissions:

   • Decree for restitution of conjugal rights not abided by the respondent should lead to a decree on the ground of desertion.
   • Consistent denial to resume matrimonial relationship caused mental cruelty.

7. Respondent's Submissions:

   • High Court found appellant failed to prove grounds for divorce.
   • Evidence on record does not support the findings for divorce.

Consideration of Submissions

8. Appellant's Offer:

   • Appellant offered Rs. 30 lakhs as lump sum maintenance/alimony subject to respondent agreeing to divorce.

9. Separation and Adult Children:

   • Parties have been residing separately since 2008, and both children are adults, with the daughter in Canada and the son in India.

10. Decree for Restitution of Conjugal Rights:

    • Decree passed on May 15, 2013, confirmed by the High Court on February 19, 2015, found respondent left without reasonable cause.

11. Divorce Petition and Findings:

    • Divorce petition decreed on August 1, 2016, based on the grounds of cruelty and desertion.
    • High Court set aside the decree, stating appellant neglected his duties.

12. High Court's Judgment on Desertion:

    • High Court's judgment on desertion is unsustainable as respondent did not resume cohabitation after decree for restitution of conjugal rights.

13. Section 13(1) and 13(1A) of HM Act:

    • Grounds for divorce include cruelty and desertion for a continuous period of not less than two years.

14. Grounds for Divorce:

    • Continuous desertion from 2008 justified a decree of divorce on the ground of desertion.

Order

15. Lump Sum Alimony:

    • Rs. 30 lakhs as reasonable lump sum alimony.

16. Final Order:

    • Marriage dissolved by decree of divorce under Section 13(1)(ib) of HM Act.
    • Decree effective upon payment of Rs. 30 lakhs to respondent.
    • Payment to be made within three months, and full and final settlement of respondent’s maintenance claim.