Case Note & Summary
The dispute arose from a divorce petition filed by the appellant against the respondent under the Bombay Hindu Divorce Act, 1947, citing desertion as the ground. The parties were married in 1942 and had a son. The appellant left for England in 1947, and upon his return, he discovered the respondent's alleged intimacy with another man, Mahendra. Following a confrontation, the respondent left for her father's home on May 24, 1947, ostensibly for a family marriage. The appellant sent a notice to the respondent in July 1947, expressing his desire to end the marriage. The appellant filed for divorce in 1951, claiming desertion for over four years. The respondent contended that she left due to the appellant's treatment and had always been willing to return. The trial court initially granted the divorce, but the appellate court reversed this decision, finding that the respondent did not intend to desert and that the appellant had effectively deserted her. The Supreme Court upheld the appellate court's decision, emphasizing the lack of evidence for desertion and animus deserendi. The court noted that desertion requires both separation and the intention to permanently end cohabitation, which was not established in this case. The appeal was dismissed, and the divorce decree was not granted.
Headnote
A) Family Law - Divorce - Grounds for Divorce - Desertion - Bombay Hindu Divorce Act, 1947, Section 3(1)(d) - The court held that the respondent's departure from the marital home was not motivated by an intention to desert but was due to her sense of guilt, and there was no proof of animus deserendi during the statutory period. The appellant's claim for divorce was therefore dismissed. (Paras 1-2).
Issue of Consideration
Whether the respondent had been in desertion entitling the appellant to a decree for divorce.
Final Decision
The Supreme Court upheld the appellate court's decision, dismissing the appellant's appeal for divorce on the grounds of desertion, as the necessary elements of desertion were not established.
Law Points
- Desertion
- animus deserendi
- burden of proof
- Bombay Hindu Divorce Act
- 1947
- statutory period of separation
