Hindu Marriage Act, 1955
Section 13—Dissolution of marriage—Dismissal of petition filed by husband—Appeal—Appellant-husband grieves that his wife (respondent) is neither ready to join him in the matrimonial fold nor is she agreeable to contest the case of divorce—Continued absence of respondent from proceedings before the Family Court and the High Court—Grounds raised by appellant is though required to be tested and proved but, in the absence of respondent-wife, there is no way in which such contentions can be rebutted—Relationship of husband and wife is non-existent—Respondent remained silent for many years despite providing ample opportunity—There is no effort on the part of respondent to even ask for restitution of conjugal right or payment of matrimonial dues—This is again an evidence of complete abandonment of relationship at the instance of respondent-wife—Impugned judgment and decree passed by the Family Court is set aside and marriage between parties declared to be dissolved—Appeal allowed.
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