Case Note & Summary
The appellant-husband, K. Mallikarjuna, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking divorce from his wife, H. A. Sudha Mallikarjuna, on the ground of wilful desertion. The marriage was solemnized on 24 June 1999 at Sri Swarnambha Kalyana Mandira, Kadur Taluk. The appellant alleged that the respondent left the matrimonial home without any reasonable cause and had been living separately for over 21 years. The trial court dismissed the petition, leading to the present appeal. The High Court noted that the parties had been separated for more than 21 years and that the marriage was completely dead. The court found that the respondent had not provided any explanation for the separation and that the appellant had proved the ground of desertion. The court also observed that even if desertion was not strictly proved, the long separation itself indicated an irretrievable breakdown of the marriage. Consequently, the High Court allowed the appeal, set aside the trial court's judgment, and granted a decree of divorce.
Headnote
A) Hindu Marriage Act - Divorce - Desertion - Section 13(1)(ib) - Wilful Desertion - The appellant-husband sought divorce on the ground that the respondent-wife deserted him without reasonable cause. The trial court dismissed the petition. On appeal, the High Court held that the long separation of 21 years and the wife's failure to provide any explanation for the separation constituted wilful desertion. The court noted that the marriage was dead and no purpose would be served by keeping the parties tied. Held that the appellant is entitled to a decree of divorce. (Paras 1-10) B) Hindu Marriage Act - Irretrievable Breakdown of Marriage - Long Separation - The court observed that the parties have been living separately for more than 21 years, indicating that the marriage has irretrievably broken down. The court held that even if the ground of desertion is not strictly proved, the long separation itself is a ground for divorce. (Paras 1, 10)
Issue of Consideration
Whether the appellant-husband is entitled to a decree of divorce on the ground of wilful desertion by the respondent-wife under Section 13(1)(ib) of the Hindu Marriage Act, 1955, when the parties have been living separately for over 21 years.
Final Decision
The appeal is allowed. The impugned judgment and decree dated 21.1.2012 in M.C. No.10/2003 passed by the Senior Civil Judge and Principal JMFC, Tarikere, is set aside. The petition filed under Section 13(1)(ib) of the Hindu Marriage Act, 1955 is allowed and the marriage between the appellant and respondent is dissolved by a decree of divorce.
Law Points
- Desertion under Section 13(1)(ib) of Hindu Marriage Act
- 1955
- Irretrievable breakdown of marriage
- Long separation as evidence of desertion
- Wilful desertion
- Condonation of desertion
