Case Note & Summary
The appellant, Mrs. Conceicao Fernandes, filed a suit for divorce and dissolution of marriage against her husband, Milagres Fernandes, under the Indian Divorce Act, 1869. The marriage was solemnized on 14th May 1994. The wife alleged that before marriage, she had represented to the husband that she could not stay at his small house in Assolna, and they agreed to live at her mother's house in Digas, Panchwadi. After marriage, they lived there, but soon disputes arose. The husband would come home under the influence of alcohol and harass her. In July 1994, the wife went to England for employment. She returned in November 1994 due to her mother's report of harassment. During her stay until December 1994, the husband ill-treated her and her mother. She returned to England in December 1994. In May 1995, the husband left the house permanently. The wife alleged that the husband caused injuries to her body and abandoned her. She claimed divorce on grounds of cruelty and desertion. The husband filed a written statement denying the allegations. He claimed that after marriage they lived at Assolna, and later shifted to Digas at the wife's instance. He alleged humiliation and harassment by the wife's brother. He admitted leaving the house in May 1995 but claimed it was due to ill-treatment. He denied cruelty and asserted readiness to live with the wife. The trial court dismissed the suit, holding that the wife failed to prove cruelty and desertion. On appeal, the High Court re-appreciated the evidence. The court noted that the husband admitted leaving the matrimonial home in May 1995 and did not return despite the wife's efforts. The wife's evidence of cruelty, including injuries, was corroborated by medical evidence. The court found that the husband's conduct amounted to cruelty and desertion. The court held that the wife had proved both grounds under Section 10 of the Indian Divorce Act, 1869. The appeal was allowed, the trial court's judgment was set aside, and a decree of divorce was granted.
Headnote
A) Matrimonial Law - Divorce - Cruelty and Desertion - Section 10, Indian Divorce Act, 1869 - The wife sought divorce alleging physical and mental cruelty by husband and his desertion. The trial court dismissed the suit. On appeal, the High Court re-appreciated evidence and found that the husband's conduct of leaving the matrimonial home and not returning despite wife's efforts constituted desertion, and his behavior under influence of alcohol and causing injuries amounted to cruelty. Held that the wife proved both grounds and granted decree of divorce (Paras 2-8).
Issue of Consideration
Whether the wife is entitled to a decree of divorce on grounds of cruelty and desertion under Section 10 of the Indian Divorce Act, 1869
Final Decision
Appeal allowed. Judgment and decree of trial court dated 22nd December 2000 set aside. Decree of divorce granted dissolving the marriage between the parties.
Law Points
- Cruelty
- Desertion
- Burden of proof in matrimonial cases
- Appreciation of evidence in divorce suits
