Couple told to reunite after 17-yr separation

SC Annuls Divorce Granted By Trial Court In ’99

An army man has learnt the hard way that marriages are made in heaven and marital ties are difficult to sever, with the Supreme Court asking him to resume married life despite an estrangement of 17 years, 14 of them spent in litigation.

The roller coaster ride has put Jatinderbir Singh in a piquant situation. Citing desertion and cruelty by wife Sukhwinder Kaur, he had moved a trial court in 1994 and a got a divorce decree in 1999. He had claimed that his wife had deserted him in May, 1991.

When Sukhwinder appealed against the divorce decree, the Punjab and Haryana HC initiated reconciliation process. While she agreed to live with him, Jatinderbir flatly refused. The HC ruled in favour of Sukhwinder and asked him to take her back.

Now, after 17 years of estrangement, the apex court anulled the divorce, refusing to apply its own ruling that when a marriage breaks down irretrievably, divorce should be granted. It asked Jatinderbir to start married life afresh with Sukhwinder.

At the time of his marriage in 1990, Jatinderbir was a BA final year student and Sukhwinder was working as a pharmacist. Three years later, he got commissioned in the army and soon thereafter brought a divorce petition against his wife on the ground that she had deserted him. The trial court granted divorce in 1999. The wife protested before the Punjab and Haryana HC, which tried but failed to resolve the differences. Sukhwinder pointed out that the differences between them were normal in married life and expressed willingness to live with her husband. In 2006, the HC reversed the trial court decision and anulled the divorce decree.

Not wanting to live with her, Jatinderbir moved the Supreme Court and cited its 2006 judgment which had ruled that if a marriage has broked down irretrievably, then divorce should be granted. He pleaded that the marriage had broken down without any chance of reconciliation and hence, be granted divorce.

Not convinced by his arguments about desertion and cruelty alleged against the wife, an apex court Bench comprising Justices B N Agrawal and G S Singhvi dismissed his appeal. This means, the husband has no option but to pick up the threads of his married life from where he left it 17 years ago. Jatinderbir had claimed before an Amritsar court that Sukhwinder had deserted him since May 1991 and that their differences were beyond reconciliation.

Sukhwinder, who gave birth to a daughter in November 1991, alleged that she was thrown out of the matrimonial home but expressed desire to live with her husband and opposed grant of divorce.

When the trial court granted divorce, she appealed before the HC which agreed with her that it was common in India to send the wife to her parents house for the first delivery and negated the husband’s claim that she had deserted him. After the HC reversed the trial court order, Jatinderbir moved the SC. The bench comprising Justices Agrawal and Singhvi, after hearing the appeal for two years, dismissed it on April 15.

TWIST OF FATE

Citing desertion and cruelty by wife Sukhwinder Kaur, Jatinderbir Singh had moved a trial court in 1994 and a got a divorce decree in 1999

Sukhwinder appealed against the divorce decree, the Punjab and Haryana HC initiated reconciliation process . After 17 yrs of estrangement, the SC anulled the divorce

The Times of India 18th April 2008 P. 12 Delhi
With thanks from The Time of India
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