Hindu Marriage Act, 1955
Sections 13 (1)(ia) & 13 (1)(ib)—Dissolution of marriage on ground of cruelty and desertion—Appeal—From the evidence on record it is amply clear that appellant was pregnant even prior to the date of her marriage with respondent and this fact was willfully concealed by her from the respondent and his family members—Even after getting operated, respondent could not make physical contact with the appellant for 4-5 days—After joining as JBT teacher, appellant developed some ego problem and started living separately from the respondent as he was unemployed and inferior to her—From the evidence on record it is duly proved that it is appellant who has withdrawn from the society of respondent without any reasonable cause—No cogent and reliable evidence could have been led by appellant which may show that respondent has withdrawn himself from the company of the appellant without any sufficient reason or cause—Rather it is the appellant who has deserted the respondent for a continuous period of not less than two years immediately preceding of presentation of the petition for divorce—Marriage between parties had broken down irretrievably and there is no chance of their coming together, or living together again—If it is found that the breakdown is irreparable, then divorce should not be withheld—Consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties—Family Court was perfectly justified in holding that there were hardly any chances that the appellant and the respondent could lead a happy married life because a lot of bitterness has been created in their relationship—Appeal dismissed.
[Paras 16 to 18, 21, 24 & 25]