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Naveen Kohli got married to Neelu Kohlion 20.11.1975.

Three sons were born


out of the wedlock of the parties.

According to the version of the appellant, the respondent in collusion


with her parents got sufficient business and property transferred in her
name.

and the appellant found her in a compromising position with one Biswas
Rout.

According to the appellant, Where there has been a long period of continuous
separation, it may fairly be surmised that the matrimonial bond
is beyond repair. The marriage becomes a fiction, though supported by a
legal tie.

Where there has been a long period of continuous separation, it may fairly
be surmised that the matrimonial bond is beyond repair.
The marriage becomes a fiction, though supported by a legal tie. By
refusing to sever that tie the law in such cases do not serve the
sanctity of marriage; on the contrary,it shows scant regard for the feelings and
emotions of the parties

In view of the fact that the parties have been living separately for more than 10
years and a very large number of aforementioned criminal
and civil proceedings have been initiated by the respondent against the
appellant and someproceedings have been initiated by the
appellant against the respondent, the matrimonial bond between the parties
is beyond repair. A marriage between the parties is only in name.
The marriage has been wrecked beyond the hope of salvage, public interest and
interest of all concerned lies in the recognition of the fact
and to declare defunct de jurewhat is already defunct de facto

this Court would like to recommend the Union of India to seriously consider
bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable
breakdown of marriage as a ground for the grant of divorce.

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