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As per case facts, the Appellant-husband and Respondent-wife married in 1986, but cohabited for only six months without children. The wife left in 1987, experienced a miscarriage, and later filed
...for maintenance and a criminal complaint alleging the husband's second marriage, which was dismissed then remanded. The husband's previous divorce petition was dismissed. Parties have lived separately for over three decades, with all reconciliation attempts failing. The wife refused any settlement. The question arose whether such a long and unworkable separation constitutes mental cruelty, and if the Family Court's dismissal of the divorce petition should be overturned. Finally, the High Court ruled that compelling the parties to continue a marriage that is factually dead after prolonged separation causes mental cruelty. Citing precedents on irretrievable breakdown, the Court dissolved the marriage, allowing the wife to seek permanent alimony.
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