However, as the Court also noted that the spouses had been living separately for over a decade, it proceeded to dissolve the marriage.

The remedy was granted, taking into account in particular the fact that the wife had not remained in the marital home for more than 6 to 7 days after the marriage.

Since the wife had also chosen not to contest the appeal, the Court said this demonstrated her unwillingness to live with him.

“Thus, the appellant’s feeling of deep anguish, disappointment, frustration caused by the respondent’s behavior for a long period of time may also lead to mental cruelty and the long period of continued separation, i.e. say for more than a decade, establishes that the matrimonial bond is beyond repair“, he said.