The Hindu : National : Judgment final, divorce plea rejected

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Judgment final, divorce plea rejected

Legal Correspondent

No further appeal, apex court tells husband

New Delhi: The Supreme Court on Monday declined to entertain a writ petition from a man seeking divorce on the ground of irretrievable breakdown of his marriage. He said he was living separately from his wife for over 16 years after courts had rejected the divorce plea.

A Bench consisting of Justices B.N. Agrawal, G.S. Singhvi and J.M. Panchal said, “We don’t find merit in this petition” filed by Narinder Kumar Verma.

Narinder married Savita in 1987 and they have two daughters. After the birth of the second daughter, he moved a trial court alleging cruelty and he was granted divorce in 1996. But the Punjab and Haryana High Court allowed Savita’s appeal and set aside the trial court order. The Supreme Court dismissed his special leave petition in August 2005. His review petition was dismissed in October 2005 and a curative petition in March 2007.

“Dead marriage”

Narinder filed the present writ petition contending that his fundamental right to life guaranteed under Article 21 of the Constitution was violated as he was being burdened with a dead marriage.

Justice Agrawal told counsel: “Our judgment has attained finality. Maybe it is wrong. But what is the infraction of fundamental right to invoke Article 32 [to move the apex court directly]?”

Counsel said, “They have been living separately for 16 years and breakdown of marriage is a misery of life.”

Justice Agrawal said, “If this is the wish of the Almighty, we can’t help it. If we invoke Article 32, it will create havoc as our judgment has attained finality and there is no further appeal.”

Justice Singhvi said, “There are other means of living peacefully.”

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