Smt. Kanchan Devi vs Promod Kumar Mittal & Anr on 3 April, 1996
10. Another contention of the learned counsel for the appellant/husband is that the
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parties have been living separately for several years and therefore, it is a fit case for grant
of divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act.
It is seen that after the solemnization of the marriage on 06.10.1997, she left the
matrimonial home on 03.02.2012 by deserting her husband. Since then, the parties have
been living separately for about 10 long years. The Hon'ble Apex Court in Kanchan Devi
Vs. Pramod Kumar Mittal reported in AIR 1996 SC 3192 ruled that if the parties are living
separately for more than 10 years, there is no possibility of reconciliation and as such, the
Court can grant a decree for dissolution of marriage. Similarly, in yet another decision in
Naveen Kohli vS. Neelu Kohli reported in AIR 2006 SC 1675, the Hon'ble Apex Court held
that since the parties are living separately for more than three years, there cannot be any
doubt that the marriage between the parties has irretrievably broken down. In the case on
hand, as the parties have been living separately for more than a decade, a good part of the
lives of both parties has been consumed in the litigation and that the allegations made
against each other by the parties in the petition and the counter affidavit will go to show
that living together is out of question, hence, in our considered view, directing them to live
under one roof is not in the realm of possibility.