Case : Samar Bijoy Roy V Mukul Roy (2025 SC)
Facts: The Appellant-husband, Samar Bijoy Roy, and the Respondent-wife, Mukul Roy, were married in November 1992 as per Hindu rites. In December 2008, the husband filed for divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act on grounds of cruelty and desertion. He stated that the couple had cohabited for only four days since marriage, had no physical or emotional relationship for six years, and had been living in separate rooms. The wife allegedly purchased a flat without his knowledge, refused medical examination despite being unable to conceive, and maintained a hostile attitude that caused him mental distress and social isolation. On their wedding anniversary, when he proposed reconciliation, she verbally abused him and expressed her desire for divorce.
Decision: The parties have lived separately with no cohabitation since 2001, and no children were born from the marriage. All reconciliation efforts failed, and the mutual allegations reflect a completely broken relationship. The emotional and physical bond has been lost over nearly 25 years, leaving no reason to compel them to remain married. A lot of distance has been created between the parties which cannot be bridged and there is total lack of any mental or physical relationship. The respondent/husband had been requesting his wife to be physically proximate with him, which she repeatedly denied to him. This more than anything was sufficient mental torture which entitled the husband to obtain divorce.
Link of the judgement: https://www.sci.gov.in/sci-get-pdf/?diary_no=149782021&type=fo&order_date=2025-01-03&from=latest_judgements_order
