Hindu Marriage Act, 1955
Sections 13(1)(ia) & 13(1)(ib)—Dismissal of divorce petition filed by husband—Appeal—Respondent-wife is found to have deserted the appellant-husband and to have sustained that desertion for a long period, which has now exceeds near about 18 years—That willful act of respondent and her refusal to cohabit with appellant to revive her matrimonial relationship appears to be an act of desertion committed of degree as may itself lead to dissolution of marriage—Parties are living separately for a long period—Marriage is irreparably broken down—No fabric of marriage is persisting—Where marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such marriage would only mean giving sanction to ‘‘cruelty’’ with each is inflicting on the other—Marriage between the parties is dissolved—Appeal allowed.
[Paras 21, 22 & 25]
Section 25—Permanent alimony—Both the husband and wife are gainfully employed—Only child born to them has remained in custody of the wife and he is about now at the age of 18 years—Neither any prayer has been made nor any occasion exists to provide for permanent alimony.
[Para 23]