Case Note & Summary
The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955. The parties married in 1971 and had two sons. The husband alleged that after marriage, the wife disapproved of his financial support to his parents, quarreled with him and his parents, and left the matrimonial home without cause. The Family Court accepted these allegations and granted divorce. On appeal, the High Court examined the evidence and found that the allegations were vague and lacked specific instances of cruelty. The court held that isolated incidents and general discontent do not constitute cruelty under the Act. Regarding desertion, the court noted that the wife left with the husband's consent and there was no proof of animus deserendi. The court also observed that the husband's failure to make inquiries before a love marriage did not justify his claims. Consequently, the High Court set aside the divorce decree and dismissed the husband's petition for divorce.
Headnote
A) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(ia) - The court examined whether allegations of quarreling, disapproval of husband's financial support to parents, and leaving matrimonial home constitute cruelty. Held that isolated incidents and vague allegations without grave and weighty conduct do not amount to cruelty. The burden of proof lies on the petitioner, which was not discharged. (Paras 1-10) B) Hindu Marriage Act - Divorce - Desertion - Section 13(1)(ib) - The court considered whether the wife's departure from matrimonial home with consent and subsequent living apart amounts to desertion. Held that desertion requires both factum of separation and animus deserendi, which were not established. The husband failed to prove that the wife left without reasonable cause or consent. (Paras 11-15) C) Hindu Marriage Act - Maintenance - Section 18 - The wife's petition for maintenance under Section 18 of the Hindu Adoption and Maintenance Act was dismissed by the Family Court, and the wife did not challenge that dismissal in this appeal. The court noted that the appeal was confined only to the divorce decree. (Paras 2-3)
Issue of Consideration
Whether the Family Court was correct in granting divorce on grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.
Final Decision
Appeal allowed. The Judgment and Decree dated 1st March 2005 passed by the Family Court, Bandra, Mumbai in M.J. Petition No.A-1915/1996 is set aside. The respondent husband's petition for divorce is dismissed.
Law Points
- Cruelty under Section 13(1)(ia) requires grave and weighty conduct
- not trivial acts
- Desertion under Section 13(1)(ib) requires animus deserendi and factum of separation
- Burden of proof lies on petitioner
- Love marriage does not justify lack of inquiry
- Maintenance petition dismissal not challenged does not affect divorce appeal.
