Case Note & Summary
The appellant-husband and respondent-wife were married on 2nd June 1986 at Kolhapur. In 1993, the wife fell ill and despite treatment at Kolhapur, her condition did not improve. In November 1995, at the instance of her parents, she was shifted to Pune for treatment and admitted to a private hospital. The husband, employed at Kolhapur, was later transferred to Thane in 1996. The husband alleged that the wife left for Pune without his consent and despite his efforts, she refused to return to the matrimonial home, demonstrating a clear intention to desert him. He filed a divorce petition in June 1998 on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955. The Family Court, Pune, dismissed the petition on 23rd June 2001, holding that the wife's departure was for medical treatment and did not amount to desertion. The husband appealed. The High Court observed that the wife's prolonged stay away from the husband without just cause and her refusal to return indicated a settled intention to bring cohabitation to an end. The court held that the Family Court erred in its conclusion and that the husband had proved desertion. The appeal was allowed, the impugned judgment set aside, and a decree of divorce was granted.
Headnote
A) Family Law - Desertion - Section 13(1)(ib) Hindu Marriage Act, 1955 - The appellant-husband sought divorce on ground of desertion by the wife who left for medical treatment and refused to return. The Family Court dismissed the petition. On appeal, the High Court held that the wife's conduct showed a clear intention to permanently sever the matrimonial relationship, constituting desertion. The appeal was allowed and decree of divorce granted. (Paras 2-6)
Issue of Consideration
Whether the wife's refusal to return to the matrimonial home after medical treatment amounts to desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.
Final Decision
Appeal allowed. Impugned judgment of Family Court, Pune dated 23rd June 2001 set aside. Decree of divorce granted dissolving the marriage between the appellant and respondent.
Law Points
- Desertion
- Constructive desertion
- Burden of proof
- Section 13(1)(ib) Hindu Marriage Act
- 1955
- Cessation of cohabitation
- Intention to desert
