Hindu Marriage Act, 1955
Sections 13(1)(ia) & 13(1)(ib)—Divorce—Cruelty and desertion—Dismissal of divorce petition filed by husband—Appeal—Behaviour of wife, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrates a pattern of mental harassment and disregard for the matrimonial bond—No rebuttal or counter evidence has been filed by the wife—Husband’s evidence also shows that the separation has continued uninterrupted since 2020, thus fulfilling the statutory requirement of a two year period of desertion prior to the filing of divorce petition in 2022—No legitimate reason has been offered by the wife for such desertion—Her conduct indicates a deliberate and willful decision to end cohabitation and abandon her matrimonial obligations, thereby justifying a decree of divorce under Section 13(1)(b) of the Hindu Marriage Act—Her absence throughout the trial and appeal proceedings further strengthens the case of husband—Since parties have been residing separately and there is no possibility of their reunion, there has been an irretrievable break-down of marriage, beyond any scope of repair—Decree of divorce in favour of husband is granted—Appeal allowed.
[Paras 17, 22, 23 & 24]