Court Upholds Justice: Divorce Granted in High-Profile Family Case.
24 October 2024
Divorce Law >> Family Law | Divorce under Hindu Marriage Act >> Marriage Law | Hindu Marriage Act >> Marriage Law
In a significant ruling of Sapna Negi v/s Chaman Singh & Another, the High Court has granted a decree of divorce between Sh. Chaman Singh and Smt. Sapna Negi, marking the dissolution of their marriage, which was solemnized on May 12, 2013. The decision arises from HMA No. 428 of 2023, currently pending before the Family Court in Roorkee, Uttarakhand.
Background of the Case:
The petitioner, Smt. Sapna Negi, sought a transfer of the divorce proceedings to the Family Court at Patiala House, New Delhi. The marriage resulted in the birth of a daughter, now eight years old. The respondent, Sh. Chaman Singh, filed for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, citing a breach of trust and alleging that Smt. Negi was involved in a relationship with another individual. He claimed that despite attempts to mend their relationship, she neglected her familial duties.
Conversely, Smt. Negi argued that she had no choice but to leave her matrimonial home due to her husband's neglect and had been living with her parents since 2019. The couple's relationship had reportedly deteriorated irreparably.
Mediation Efforts:
To explore the possibility of reconciliation, the court referred the matter to the Supreme Court Mediation Centre. However, a report dated July 24, 2024, indicated that mediation efforts were unsuccessful. On August 28, 2024, the court acknowledged the breakdown of the marriage, stating that both parties recognized the impossibility of cohabitation.
Court's Findings and Rationale:
In light of the facts presented, the court exercised its authority under Article 142(1) of the Constitution of India, which allows for the dissolution of marriages deemed irretrievably broken down. This power is intended to ensure justice and considers public policy. The court noted that both parties, aged 32 and 38, still have promising futures ahead of them, and that the ongoing legal proceedings would only prolong their ordeal.
The court also took into account the welfare of their daughter, who has been living with her mother since 2019. An agreement reached in March 2023 stipulated that the daughter would remain with Smt. Negi, and a sum of ?7,00,000 had been deposited in her name. Although Smt. Negi disputed her role in the agreement, the court found it crucial to secure the financial interests of their daughter.
Conclusion:
Recognizing the financial capability of both parties, the court ordered the respondent to pay a permanent alimony of ?13,00,000, in addition to the already deposited ?7,00,000. This decision aims to safeguard the welfare of their daughter and concludes the long-standing marital dispute. Thus, the court officially dissolved the marriage between Sh. Chaman Singh and Smt. Sapna Negi, emphasizing the necessity of moving forward for both parties involved. The case highlights the court's commitment to addressing the complexities of family law while prioritizing the best interests of children.