Case Note & Summary
This case involved a matrimonial dispute between the appellant-husband and respondent-wife, who had been separated since 2008. The marriage was solemnised on 25th March 1999, and two adult children were born from this union. The discord began in 2006, leading the appellant to file for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, on 17th December 2008. The decree for restitution was granted on 15th May 2013, but the respondent did not comply, prompting the appellant to seek a divorce on grounds of cruelty and desertion on 23rd August 2013. The High Court confirmed the restitution decree on 19th February 2015. The Family Court granted the divorce on 1st August 2016, which the respondent later appealed, resulting in the High Court setting aside the divorce decree on 4th October 2019. The court noted that the respondent had not made any efforts to resume cohabitation after the restitution decree was confirmed. The court found that the High Court's decision was unsustainable as the appellant had consistently attempted to reconcile, while the respondent had deserted him without reasonable cause. The court also acknowledged the appellant's offer of Rs. 30 lakhs as alimony, which was deemed reasonable. The court ultimately allowed the appeal, reinstating the divorce decree on the grounds of desertion, contingent upon the payment of alimony (Paras 1-16).
Headnote
A) Family Law - Divorce - Grounds for Divorce - Section 13(1)(ib) of Hindu Marriage Act, 1955 - The court found that the respondent had deserted the appellant without reasonable cause, justifying the decree of divorce on the ground of desertion. The High Court's reversal of the divorce decree was deemed incorrect as the appellant had made efforts to resume cohabitation, which the respondent neglected (Paras 12-14).
Issue of Consideration
Whether the High Court erred in setting aside the divorce decree on the grounds of desertion and cruelty.
Final Decision
The appeal was partly allowed, reinstating the divorce decree on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, contingent upon the appellant paying Rs. 30 lakhs as alimony to the respondent.
Law Points
- Desertion
- Restitution of Conjugal Rights
- Divorce
- Maintenance
- Alimony
