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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JAYANT BANERJI, T.M.Nadaf
Poornachandra, S/O Sachidananda Rao – Appellant
Versus
Shilpa @ Sheeba, D/O Krishnan K.V. – Respondent
| Table of Content |
|---|
| 1. facts surrounding the marriage and separation. (Para 4 , 5 , 7 , 8) |
| 2. respondent's defense and allegations of mistreatment. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's reasoning regarding lack of desertion. (Para 18 , 19 , 20 , 21 , 22 , 25 , 26 , 28 , 29 , 30 , 31) |
JUDGMENT :
T.M.NADAF, J.
This appeal is by the husband calling in question the judgment and decree dated 27.10.2018 in M.C.No.32/2016 passed by the Principal Senior Civil Judge and JMFC., Belthangady, D.K, dismissing the application filed by the husband under Section 13(1) (ib) (desertion ground) of the Hindu marriage Act, 1955.
2. The parties are referred to as per their rankings before the trial Court.
3. Brief outline of facts are as follows:
Per petitioner-husband:
4. The petitioner and respondent are husband and wife. Their marriage was solemnized on 22.11.2009 as per Hindu rites and customs at Kollur.
5. After the marriage, the respondent joined the petitioner to lead matrimonial life at Sudemugeru of Belthangady Taluk (matrimonial home). The mother of the petitioner is residing along with the petitioner. Since the marriage, the respondent has not discharged her matrimonial obligations towards the peti
For desertion under the Hindu Marriage Act, both the absence of reasonable cause and the element of animus must be established; mere separation is insufficient to claim desertion.
The burden of proving desertion lies with the appellant, which was not established due to a lack of credible evidence, leading to the dismissal of the appeal.
The court ruled that desertion requires proof of both physical separation and the intent to permanently end the marital relationship, which was not established in this case.
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
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 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.
Desertion under Hindu Marriage Act necessitates intentional abandonment without reasonable cause, established through a fact of separation and the intent to permanently cease cohabitation.
The main legal point established in the judgment is the definition and establishment of desertion under the Hindu Marriage Act, 1955. The court emphasized the intentional permanent forsaking and aban....
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