The High Court of Bombay at Goa dismissed the appeal of Arshad Khalifa, who sought a divorce from his wife, Gulzar Khalifa, on grounds of cruelty and abandonment under the Law of Divorce, 1910. The court upheld the findings of the lower courts, which determined that the husband failed to prove his claims of cruelty and that the wife had abandoned the conjugal domicile. The judgment also emphasized that the husband had, in fact, abandoned the wife by living with another woman prior to and during the marriage.

Introduction

• The case involves Arshad Khalifa's appeal against the dismissal of his divorce petition by the Trial Court, which was partially affirmed by the First Appellate Court.
• The legal proceedings were based on Article 4(4), (5), and (8) of the Law of Divorce, 1910, applicable in Goa, Daman, and Diu.

Background

• The appellant, Arshad Khalifa, claimed that his wife, Gulzar Khalifa, treated him with cruelty, abandoned the conjugal home, and that there was a de facto separation for ten consecutive years.
• The respondent, Gulzar Khalifa, refuted these claims, stating that her refusal to move to a new home was justified due to the husband's relationship with another woman, referred to as 'A', and his failure to provide for her and their son.

Trial Court Findings

• The Trial Court dismissed the divorce petition, finding that:
  • The husband failed to prove cruelty and abandonment by the wife.
  • It was the husband who abandoned the conjugal domicile.
  • The court imposed exemplary costs on the husband.

First Appellate Court Findings

• The First Appellate Court upheld the Trial Court’s findings but removed the exemplary costs.
• The court confirmed that the husband's failure to prove his allegations justified the dismissal of the petition.

High Court Judgment

• The High Court reviewed the concurrent findings of the lower courts and found no reason to overturn the judgments.
• The court highlighted the significance of "free consent" in the context of de facto separation, as required under Article 4(8) of the Law of Divorce.
• The appeal was dismissed, affirming the lower courts' decisions.

Conclusion

• The judgment underscores the importance of substantial evidence in divorce cases based on cruelty and abandonment.
• The court’s decision reflects adherence to the statutory provisions of the Law of Divorce, ensuring justice based on the merits of the case.