Case Note & Summary
The appellant-husband filed a petition under Section 13(1)(i-a) and (iii) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage with the respondent-wife on grounds of cruelty and desertion. The Family Court, Aurangabad, dismissed the petition. During the pendency of the appeal, a compromise was reached in Regular Civil Suit No. 46/2012, a partition suit filed by the couple's daughter, wherein the husband agreed to maintain the wife and daughter and to resume cohabitation. The wife returned to the matrimonial home but stayed only for about one month before leaving again to her parents' house. The husband argued that this short stay and subsequent departure constituted cruelty and desertion. The court noted that the compromise indicated an intention to resume cohabitation, but the wife's failure to stay and her departure after a month amounted to cruelty and desertion. The court allowed the appeal, setting aside the trial court's judgment and decree, and granted a decree of divorce dissolving the marriage.
Headnote
A) Family Law - Divorce - Cruelty and Desertion - Section 13(1)(i-a) and (iii) of the Hindu Marriage Act, 1955 - Husband filed for divorce alleging cruelty and desertion - Trial court dismissed petition - During appeal, parties entered into compromise in a partition suit where husband agreed to maintain wife and daughter and resume cohabitation - Wife returned but stayed only one month before leaving again - Held that the wife's conduct after compromise amounts to cruelty and desertion, and divorce is granted (Paras 2-4).
Issue of Consideration
Whether the husband is entitled to divorce on grounds of cruelty and desertion under Section 13(1)(i-a) and (iii) of the Hindu Marriage Act, 1955, after a failed compromise where the wife returned to her parents' home after one month of cohabitation.
Final Decision
Appeal allowed. Judgment and decree of Family Court, Aurangabad in Hindu Marriage Petition No. A-334/2004 set aside. Marriage between appellant and respondent dissolved by decree of divorce.
Law Points
- Cruelty
- Desertion
- Divorce
- Hindu Marriage Act
- 1955
- Section 13(1)(i-a)
- Section 13(1)(iii)
- Compromise
- Cohabitation
