Case Note & Summary
The appellant-wife challenged the judgment and decree of divorce passed by the Family Court, Akola on 22.10.2021 in Hindu Marriage Petition No. 93/2016, which had granted divorce to the respondent-husband on grounds of cruelty and desertion under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955. The parties were married on 6.5.2006 as per Hindu rites and had two children. Matrimonial disputes arose, and the wife left the matrimonial home on 1.6.2015. The husband filed a petition for restitution of conjugal rights, and later filed for divorce alleging that the wife treated him and his family with cruelty by raising quarrels, threatening suicide, and threatening to involve them in false criminal cases. He also claimed that the wife had withdrawn from his society without reasonable cause. The Family Court granted divorce. The wife appealed. The High Court examined the evidence and found that the husband's allegations of cruelty were vague and unsupported by independent witnesses. The wife had filed a complaint with the Women's Cell, but no criminal case was lodged. The husband's own filing of a restitution petition indicated his willingness to resume cohabitation, contradicting the claim of desertion. The court held that the Family Court erred in granting divorce without proper proof of cruelty or desertion. The appeal was allowed, the divorce decree was set aside, and the husband's divorce petition was dismissed.
Headnote
A) Family Law - Divorce - Cruelty - Section 13(1)(i-a) Hindu Marriage Act, 1955 - Allegations of cruelty by wife must be proved by cogent and reliable evidence - Mere filing of false complaints or threats without corroboration does not constitute cruelty - Held that the Family Court erred in relying on unsubstantiated allegations to grant divorce (Paras 7-10). B) Family Law - Divorce - Desertion - Section 13(1)(i-b) Hindu Marriage Act, 1955 - Desertion requires both factum of separation and animus deserendi - Husband's filing of restitution petition indicates absence of animus deserendi on wife's part - Held that the husband failed to prove that wife deserted him without reasonable cause (Paras 11-13). C) Family Law - Divorce - Burden of Proof - Sections 13(1)(i-a) and (i-b) Hindu Marriage Act, 1955 - The burden lies on the petitioner to prove grounds for divorce - Husband's own conduct of filing restitution petition contradicts claim of desertion - Held that the Family Court's decree was unsustainable (Paras 14-15).
Issue of Consideration
Whether the Family Court was justified in granting divorce on the grounds of cruelty and desertion under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955?
Final Decision
Appeal allowed. Judgment and decree of divorce passed by Family Court, Akola on 22.10.2021 in Hindu Marriage Petition No. 93/2016 is set aside. The petition for divorce filed by the respondent-husband stands dismissed.
Law Points
- Cruelty must be proved by cogent evidence
- mere allegations insufficient
- Desertion requires animus deserendi and factum of separation
- Restitution petition filed by husband itself indicates willingness to resume cohabitation
- Long separation without just cause may constitute desertion but burden on petitioner
