Hindu Marriage Act, 1955
Section 13—Grant of decree of divorce in favour of husband by the High Court—Appeal—High Court has, for the reasons best known to it, not adverted to the appellant’s plea that she was thrown out of matrimonial home and was forced to live separately—Child is in custody of appellant from the very beginning—It is imperative upon the Family Court or the High Court to determine as to who out of the two is responsible for breaking the marital tie and forcing the other to live separately—Unless there is cogent evidence for willful desertion or refusal to cohabit and/or look after the other spouse, the finding of marriage having been broken irretrievably is likely to have devastating effects, especially on the children—Arrival of such a conclusion puts the Courts under an onurous duty to deeply analyse the entire evidence on record, consider social circumstances and background of parties, and various other factors—No such exercise has been undertaken by the High Court—Impugned judgment of High Court set aside and matter remitted back to the High Court for a fresh consideration in accordance with law—Appeal allowed in part.
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