Case Note & Summary
The appellant-wife and respondent-husband were married on 26.01.2007 at Nagpur. The wife stayed with the husband only for a brief period from 26.01.2007 to 16.02.2007, after which she went to stay with Shri Manish Mehta, a family friend. She later returned on 25.02.2007 but started quarreling and demanded to go to Mumbai. She refused to have sexual relations and on 26.02.2007, she left the matrimonial home and did not return despite the husband's efforts. The husband's father died in an accident on 04.05.2007 and expired on 18.07.2007, but the wife did not come to mourn or support the husband. The husband filed a divorce petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 on grounds of cruelty and desertion. The Family Court, Nagpur allowed the petition by judgment dated 28.08.2018. The wife appealed under Section 19 of the Family Courts Act, 1984. The High Court upheld the Family Court's decision, holding that the wife's conduct, including refusal to cohabit, constant quarrels, and abandonment, amounted to mental cruelty and desertion. The appeal was dismissed.
Headnote
A) Family Law - Divorce - Cruelty - Section 13(1)(ia) Hindu Marriage Act, 1955 - Mental Cruelty - Wife's refusal to have sexual intercourse, constant quarrels, and abandonment of matrimonial home constituted mental cruelty - Held that such conduct amounts to cruelty under the Act (Paras 2-10). B) Family Law - Divorce - Desertion - Section 13(1)(ib) Hindu Marriage Act, 1955 - Animus Deserendi - Wife left matrimonial home on 26.02.2007 and never returned despite husband's efforts - Held that desertion was proved with both factum of separation and intention to desert (Paras 2-10).
Issue of Consideration
Whether the Family Court was justified in granting divorce on grounds of cruelty and desertion under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.
Final Decision
The High Court dismissed the appeal and upheld the Family Court's judgment granting divorce on grounds of cruelty and desertion.
Law Points
- Cruelty under Hindu Marriage Act includes mental cruelty
- Desertion requires animus deserendi and factum of separation
- Burden of proof on petitioner
- Appreciation of evidence in matrimonial cases
