Case Note & Summary
The appellant, Bhimrao S/o Namdev Savnt, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the respondent, Santoshi W/o Bhimro Savant, on the ground of desertion. The parties were married according to Hindu rites, but the respondent left the matrimonial home in 2010 and did not return despite the appellant's efforts. The appellant, serving in the Army, alleged that the respondent deserted him without reasonable cause. The Trial Court dismissed the petition, leading to the present appeal. The respondent was served with notice but did not appear or contest the proceedings. The High Court, after hearing the appellant's counsel and perusing the record, found that the wife's absence for over 7 years and her failure to contest the proceedings clearly established desertion. The court held that the Trial Court erred in dismissing the petition and allowed the appeal, setting aside the impugned judgment and decree. The marriage was dissolved by a decree of divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955.
Headnote
A) Hindu Marriage Act - Divorce - Desertion - Section 13(1)(ib) - The appellant/husband sought dissolution of marriage on the ground of desertion, alleging that the respondent/wife left the matrimonial home in 2010 and did not return despite efforts. The Trial Court dismissed the petition. On appeal, the High Court held that the wife's absence for over 7 years without reasonable cause and her failure to contest the proceedings established desertion. The court allowed the appeal and granted a decree of divorce. (Paras 1-6) B) Hindu Marriage Act - Ex-parte Proceedings - Non-contest by Respondent - Section 13(1)(ib) - The respondent/wife was served with notice but remained unrepresented and did not contest the petition. The High Court noted that the wife's absence and lack of response supported the husband's case of desertion. The court held that the Trial Court erred in dismissing the petition despite the wife's desertion and non-contest. (Paras 2-6)
Issue of Consideration
Whether the appellant/husband is entitled to a decree of divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, when the respondent/wife has been absent for over 7 years and has not contested the proceedings.
Final Decision
The appeal is allowed. The impugned judgment and decree dated 07.10.2017 passed by the Senior Civil Judge & JMFC, Raibag in M.C.No.15/2017 is set aside. The marriage between the appellant and respondent is dissolved by a decree of divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955.
Law Points
- Desertion
- Divorce
- Hindu Marriage Act
- Section 13(1)(ib)
- Burden of Proof
- Ex-parte Decree
