Hindu Marriage Act, 1955
Section 13(1)(ib)—Divorce on ground of desertion—High Court set aside the divorce decree passed by the Family Court—Appeal—Civil Court passed a decree for restitution of conjugal rights against respondent on a petition filed by appellant in the year 2008—Categorical finding recorded by trial court that respondent left the company of appellant without reasonable cause—Respondent did not resume the co-habitation till the date of filing of the divorce petition in 2013—Desertion of appellant at least from 2008 till the date of filing of divorce petition in 2013 continued without any reasonable cause—High Court ought to have confirmed the decree of divorce on ground of desertion—Case of complete breakdown of marriage and appellant has offered to pay the respondent lump sum alimony of rupees thirty lakhs—Appeal is partly allowed by setting aside that part of impugned judgment by which the High Court interfered with the decree for divorce on ground of desertion—Decree passed shall came into force only on the appellant paying a sum of rupees thirty lakhs to the respondent by directly transferring the amount to respondent’s account.
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