The Bombay High Court has set aside a 2019 Family Court judgment and granted a decree of divorce to a husband, ruling that the continuation of a “dead marriage” amounts to cruelty. The Division Bench, comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad , held that compelling parties to live in a marriage that has irretrievably broken down serves no purpose and perpetuates mental agony.

Significantly, the Court granted relief despite noting that the husband had filed a false affidavit denying his remarriage, conduct which the Court termed as perjury. To balance the equities, the Court directed the husband to transfer two flats, 80 grams of gold, and pay Rs. 25 Lakhs to the wife as a full and final settlement.

Background of the Case

The appellant-husband and the

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