Hindu Marriage Act, 1955
Sections 9, 13(1)(ia) & 13(1)(ib)—Grant of decree for restitution of conjugal rights and dismissal of divorce suit—Appeal—Complete denial of company to one’s spouse, without any justifiable reason, may itself amount to cruelty—A Hindu marriage is a sacrament and not just a social contract—Where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body—Once, it was known from before to the respondent that there was no demand of dowry in the marriage, the fact that she chose to make such allegations most recklessly against all family members of the appellant including the minor siblings of the appellant, the conduct of respondent was extremely cruel—No spouse whether male or female may be expected to continue in a matrimonial relationship at the risk of malicious criminal prosecution—Respondent had deserted company of the appellant of her own free will without any instigation offered by the appellant—Respondent deserted appellant and abandoned her matrimonial home in the year 1995 and she has resided with her parents since then—Decree of restitution of conjugal rights cannot be sustained and is set aside—Marriage between parties is dissolved—Appeals allowed.
[Paras 10, 12, 14 & 16]