Back
RAVI NATH TILHARI, NYAPATHY VIJAY
Polisetty Sripadmavati – Appellant
Versus
Polisetty Srinivasarao @ Balaji – Respondent
JUDGMENT :
RAVI NATH TILHARI, J :
Heard Sri G. Ram Gopal, learned Counsel for the appellant (husband) Sri Siva Nagarjuna, learned Counsel, representing Sri T.V.S. Prabhakara Rao, learned Counsel for the respondent is present.
2. This appeal under Section 28 of the HINDU MARRIAGE ACT , 1955 (for short, "the H.M. Act") has been filed by the wife challenging the decree of divorce dated 18.06.2007, passed in OP No.47 of 2005 on the file of Court of Senior Civil Judge, Amalapuram, (in short, the Trial Court) filed by the husband. O.P., was filed under Section 13(1)(ib) of the H.M. Act on the ground of desertion.
3. Henceforth, parties shall be referred as arrayed in O.P.
4. The case of the petitioner (husband) in O.P., was that the marriage with the respondent was solemnised on 16.11.1996 at Munipalli Village of Uppalaguptam Mandal as per the Hindu Rites and Customs. The marriage was consummated. Parties lived together for about one month but thereafter they could not live happily as the differences arose. They started living separately since 1st Quarter of the year and as a result the wife returned to her parents deserting the petitioner. The mediation by the elders and well-wishers faile
Desertion under Hindu Marriage Act necessitates intentional abandonment without reasonable cause, established through a fact of separation and the intent to permanently cease cohabitation.
Desertion as a ground for divorce requires proof of intentional abandonment without consent; the court found constructive desertion by the husband, leading to the quashing of the divorce decree.
The appeal court found the Family Court's dismissal of divorce due to cruelty and desertion to be perverse, establishing that the husband's behavior justified dissolution of marriage.
Desertion as grounds for divorce requires proof of separation and intention to end cohabitation, which was not established in this case.
Cruelty and abandonment constitute valid grounds for divorce under the Hindu Marriage Act, where neglect and long separation are treated as factors leading to irreversible breakdown of the marriage.
Remarriage of one spouse does not automatically provide just cause for desertion by the other spouse; intention to abandon marital relations must be established.
Family and Personal Law - Seeking divorce - Ground of desertion - It is obligation of the court and all concerned that marriage status should, as far as possible, as long as possible and whenever pos....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
