Case Note & Summary
The Supreme Court considered an appeal by the wife against the High Court's judgment allowing the husband's divorce petition. The marriage was solemnized on 05.12.2007 as per Hindu rites. The wife was a Gynaecologist in a government hospital, and the husband was a businessman. No child was born. The husband filed a divorce petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, alleging cruelty and desertion. The Family Court dismissed the petition, but the High Court reversed it. The Supreme Court held that the allegations of cruelty based on the wife's professional success, refusal to leave her job, and filing of complaints did not constitute legal cruelty. The husband failed to prove desertion as he could not establish animus deserendi or that the wife left without reasonable cause. The Court restored the Family Court's order, allowing the appeal.
Headnote
A) Hindu Marriage Act - Cruelty - Section 13(1)(ia) - Allegations of cruelty based on wife's professional success, refusal to leave job, and filing of complaints - Held that such conduct does not amount to legal cruelty as it does not cause reasonable apprehension of harm or injury to the husband's life or health (Paras 10-15).
B) Hindu Marriage Act - Desertion - Section 13(1)(ib) - Essential ingredients of desertion - animus deserendi and factum of separation - Held that the husband failed to prove that the wife left without reasonable cause or that he did not consent to the separation (Paras 16-20).
C) Evidence Act - Burden of Proof - Matrimonial disputes - The burden lies on the petitioner to prove grounds for divorce - Held that the husband's evidence was insufficient to establish cruelty or desertion (Paras 21-25).
Issue of Consideration
Whether the High Court was justified in reversing the Family Court's dismissal of the divorce petition on grounds of cruelty and desertion under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the Family Court's order dismissing the husband's divorce petition.
Law Points
- Cruelty under Hindu Marriage Act
- Desertion
- Burden of proof in matrimonial disputes
- Appreciation of evidence in divorce cases
Case Details
2026 LawText (SC) (01) 159
Civil Appeal No. of 2026 (Arising out of SLP (C) No. 10422 of 2025)
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Nature of Litigation
Civil appeal against High Court judgment allowing husband's divorce petition on grounds of cruelty and desertion.
Remedy Sought
Appellant-wife sought restoration of Family Court's order dismissing husband's divorce petition.
Filing Reason
Husband filed divorce petition alleging cruelty and desertion by wife.
Previous Decisions
Family Court at Bharatpur dismissed husband's divorce petition on 21.08.2019; High Court of Rajasthan at Jaipur allowed husband's appeal on 02.01.2025.
Issues
Whether the High Court erred in reversing the Family Court's finding that the husband failed to prove cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Whether the High Court erred in reversing the Family Court's finding that the husband failed to prove desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.
Submissions/Arguments
Appellant-wife argued that her professional success and refusal to leave her job did not constitute cruelty, and that the husband consented to her working.
Respondent-husband argued that the wife's behavior, including filing complaints against him, amounted to cruelty and that she deserted him without reasonable cause.
Ratio Decidendi
Allegations of cruelty based on wife's professional success, refusal to leave job, and filing of complaints do not constitute legal cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, as they do not cause reasonable apprehension of harm. Desertion under Section 13(1)(ib) requires proof of animus deserendi and factum of separation without reasonable cause, which the husband failed to establish.
Judgment Excerpts
The instant Appeal assails the judgment and order dated 02.01.2025 passed by the High Court of Rajasthan at Jaipur.
Brief facts are that the marriage of the Appellant-wife and the Respondent-husband took place on 05.12.2007 as per the Hindu rites in Nadiyad Khera, Gujarat.
Procedural History
Husband filed divorce petition in Family Court, Bharatpur, which was dismissed on 21.08.2019. Husband appealed to High Court of Rajasthan at Jaipur, which allowed the appeal on 02.01.2025. Wife filed SLP in Supreme Court, which was converted into Civil Appeal and allowed on the date of judgment.
Acts & Sections
- Hindu Marriage Act, 1955: Section 13(1)(ia), Section 13(1)(ib)
