Wednesday, August 24 2005 20:01 Hrs (IST) - World Time -

New Delhi: Marriages may be made in heaven but the Supreme Court feels that it gets irretrievably broken down if the wife deserts the husband for 14 years and refuses to lead a conjugal life with him.

This observation came from a Bench comprising Justice Ruma Pal and Justice AR Lakshmanan, which allowed a petition filed by a husband challenging a Orissa High Court order setting aside the divorce granted to him by a civil court on the ground of desertion. After seven years of desertion by the wife, who rejected all attempts by his relatives for a patch up, the husband approached the Family Court and got a divorce decree. Taking into account that the marriage was solemnised in March 1991 and that the wife deserted her husband in October 1991, Justice Lakshmanan said the Family Court had granted divorce having been convinced that there was no chance of reunion or reconciliation between the parties.

The apex Court noted that the couple was separated for 14 years and a good part of which was spent in litigation. "It is a matter of record that dislike for each other was burning hot," it said. It said "marriages are made in heaven. Both parties have crossed the point of no return. A workable solution is certainly not possible.

Parties cannot reconcile themselves and live together forgetting their past as a bad dream". Considering that the lady was employed, the Bench asked the husband to pay Rs one lakh as permanent alimony to "meet the ends of justice". It said the divorce decree would become operational from the date of payment of the money.