Case Note & Summary
The appellant-wife, Smt. Sheetal Raju Malhotra, appealed against the judgment and order dated 16th June 2001 of the Principal Judge, Family Court, Bombay, which allowed the respondent-husband's petition for divorce under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, on the ground of desertion. The parties were married according to Hindu rites. The husband alleged that the wife often quarreled with him and his family members, wanted to live separately, and frequently visited her parents' home. A specific incident on 1st December 1991 was cited where 10-12 persons came to the husband's house, abused and quarreled with him, and tried to forcibly take the wife away. The police arrived, and the wife's parents took her away. She never returned to the matrimonial home. The Family Court found that the husband proved desertion but not cruelty. The wife contended that she was forced to leave due to cruelty and that the husband failed to prove desertion. The High Court held that the husband established the factum of separation and the wife's intention to desert (animus deserendi). The wife's allegations of cruelty were not supported by evidence. The burden shifted to the wife to show reasonable cause, which she failed to do. The appeal was dismissed, and the decree of divorce was upheld.
Headnote
A) Family Law - Desertion - Section 13(1)(i-b) Hindu Marriage Act, 1955 - The husband sought divorce on grounds of cruelty and desertion. The Family Court granted divorce only on desertion. The wife appealed. The High Court held that the husband proved the wife left without reasonable cause and with intention to desert. The wife's allegations of cruelty were not substantiated. The appeal was dismissed. (Paras 1-10) B) Family Law - Burden of Proof - Desertion - Section 13(1)(i-b) Hindu Marriage Act, 1955 - The initial burden is on the petitioner to prove desertion. Once established, the burden shifts to the other spouse to show reasonable cause. The wife failed to discharge this burden. (Paras 5-8)
Issue of Consideration
Whether the Family Court was correct in granting divorce on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, and whether the appellant-wife had reasonable cause to live separately.
Final Decision
Appeal dismissed. Decree of divorce granted by Family Court on ground of desertion upheld.
Law Points
- Desertion under Hindu Marriage Act requires both factum of separation and animus deserendi
- Burden of proof on petitioner to establish desertion
- Once desertion proved
- burden shifts to other spouse to show reasonable cause
