Case Note & Summary
The dispute arose from a divorce petition filed by the Appellant against the Respondent, following their marriage on 18th November, 1981. The Appellant claimed that the Respondent left the matrimonial home on 28th January, 1987, while the Respondent contended that she was driven out and was willing to return. The Appellant filed a Divorce Petition on grounds of cruelty and desertion on 27th April, 1991, which was dismissed by the Trial Court for lack of evidence. The Appellant appealed to the Delhi High Court, which also found insufficient proof of cruelty but granted divorce on the basis of desertion. The Respondent challenged this decision, leading to the Supreme Court hearing the appeals. The Supreme Court noted that the Appellant had not proven either cruelty or desertion, agreeing with the Trial Court's findings. The Court emphasized that the Respondent had been forced to leave and that the Appellant's claims of attempts to reconcile were not credible. The Appellant's reliance on documents to support allegations against the Respondent was dismissed due to lack of evidence. The Court also addressed the argument of irretrievable breakdown of marriage, stating that the Respondent had consistently expressed willingness to return, while the Appellant had made unfounded allegations. Ultimately, the Court found no basis for dissolving the marriage and dismissed the appeals without costs.
Headnote
A) Family Law - Divorce - Grounds for Divorce - Cruelty and Desertion - Hindu Marriage Act, 1955, Section 28 - The Appellant failed to prove cruelty or desertion by the Respondent, leading to the dismissal of the divorce petition. The evidence indicated that the Respondent was forced to leave the matrimonial home, and the Appellant's claims were not substantiated. Held that the concurrent findings of the lower courts were upheld (Paras 1-2).
Issue of Consideration
Whether the grounds of cruelty and desertion were established for granting divorce
Final Decision
The Supreme Court dismissed the appeals, agreeing with the lower courts that the Appellant failed to prove cruelty or desertion. The Court found no basis for the claim of irretrievable breakdown of marriage, as the Respondent was willing to return.
Law Points
- Hindu Marriage Act
- 1955
- Section 28
- cruelty
- desertion
- irretrievable breakdown of marriage
