Hindu Marriage Act, 1955
Sections 13(1)(ia) & 13(1)(ib)—Divorce—Cruelty and desertion—Dismissal of suit for divorce filed by husband—Appeal—Parties are living separate from each other for a period exceeding a decade and appellant has not been able to meet his daughter once during this period—Such facts are sufficient to cause acute mental pain, agony and suffering to both the parties and it would make it impossible for the parties to live with each other, which would come within the broad parameters of mental cruelty—Long period of continuous separation of a decade establishes that matrimonial bond is beyond repair—Marriage between the parties has become a fiction, though supported by a legal tie—In such situation, it leads to mental cruelty—Though the respondent’s refusal to live with appellant may be without an intention of inflicting cruelty upon him, it would not make any difference, as intention is not a necessary element in cruelty—Peculiar facts and circumstances of the case make out a case for grant of divorce on the ground of cruelty—Respondent had left the appellant’s house in 2014 and she did not return to live with him till date i.e. for more than a decade—Respondent is not contesting the appeal, which shows that she has no interest in her relation with appellant and which indicates that respondent has abandoned the relationship between herself and appellant and an animus deserendi on her part, which is sufficient to constitute desertion—Facts and circumstances of case evidenced by material available on record make out the grounds of cruelty and desertion—Judgment and decree passed by the Family Court dismissing the suit for divorce in unsustainable in law—Appeal allowed.
[Paras 21, 23 & 27]