RISHIKESH SHARMA versus SAROJ SHARMA

RISHIKESH SHARMA versus SAROJ SHARMA

The marriage was held to have irretrievably broken down due to prolonged separation, repeated litigation by the wife, and lack of possibility for reconciliation; decree of dissolution was granted.

Parties
Appellant: Rishikesh Sharma; Respondent: Saroj Sharma
Jurisdiction
India
Judgment Date
21 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Divorce, Dissolution of Marriage, Mental Cruelty, Desertion, Irretrievable Breakdown of Marriage
Family Law Divorce Dissolution of Marriage Mental Cruelty Desertion Irretrievable Breakdown of Marriage

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Parties

Rishikesh Sharma

Appellant

Saroj Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the marriage is irretrievably broken down warranting a decree of dissolution of marriage
  2. 2 Whether mental cruelty and desertion by the wife are established

Ratio Decidendi

The marriage was held to have irretrievably broken down due to prolonged separation, repeated litigation by the wife, and lack of possibility for reconciliation; decree of dissolution was granted.

Court Disposition

Appeal allowed

Orders

  • Decree of dissolution of marriage granted in favour of the husband
  • No costs awarded