Irretrievable breakdown of marriage in conjunction with established desertion fulfills grounds for divorce under the Hindu Marriage Act, despite absence of independent evidence of cruelty.

JUDGMENT :

GEETHA K.B., J.

1. This is the appeal filed under Section 19 (1) of the Family Courts Act, by the appellant to set aside the judgment passed in M.C.No.102/2021, dated 09.11.2022, on the file of Principal Judge, Family Court, Belagavi and to grant decree of divorce against her husband/respondent.

2. Parties would be referred with their ranks as they were before the trial Court, for the sake of convenience and clarity.

3. The petitioner has filed petition under Section 13 (1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short, the Act, 1955) praying for dissolution of her marriage, which was solemnized on 27.05.2013 at Jalgar Maruti Mangal Karyalaya, Chavat Galli, Belagavi, with respondent.

4. The case of petitioner in a nutshell is that, after marriage, she lived happily for six months with respondent, his mother, grandfather, brother in joint family. Respondent was doing business having handsome income. Six months after the marriage, respondent got addicted to bad vices like drinking alcohol and coming to the house late at night and was quarrelling with petitioner without any reason. In this regard, panchayaths were convened several times and respondent assured that he would mend his ways, but he has not changed his attitude. Hence, it became difficult for petitioner to maintain good relationship with respondent. She had been to her parental house. After a few days, again Panchayath was convened. At that time respondent did not show any interest to take the petitioner back to matrimonial home. The parents of petitioner went to the house of respondent and requested to maintain cordial relationship with petitioner. But he told that he is not interested in leading life with petitioner. Totally the petitioner stayed for about 6-7 months in matrimonial house. The behaviour of respondent did not change. Hence, without any option, she is residing in her parental house. Petitioner has no hope of rejoining the company of respondent for leading marital life with him. Hence, she has issued notice dated 09.02.2021 to the respondent and even though it was served, respondent has not come forward to give reply. Hence, filed the petition for appropriate relief.

5. Even after service of notice, respondent has not appeared and not contested the petition.

6. After recording evidence of the petitioner, apart from marking Exs.P.1 to P.3, the Family Court has dismissed the petition for decree of divorce on the ground that cruelty is not proved and desertion is also not proved.

7. Aggrieved by the said judgment, the petitioner/appellant has filed the present appeal.

8. Even after service of notice to respondent in this appeal, respondent has not appeared and he is unrepresented.

9. Heard the arguments of learned counsel for appellant Sri Girish V. Bhat.

10. Learned counsel for appellant would submit that there is no marital relationship between parties since more than 11 years. There is no chance of reunion between them. The marriage is broken irretrievably. It cannot be revived. He would further submit that in the cause of action column, there is a typographical mistake as December-2020 instead of December-2013. However, the complete reading of cause of action paragraph reveals that, it is only a typographical mistake. Hence, at least on the ground of desertion, the Family Court ought to have decreed the petition. He would further submit that, grounds of cruelty narrated in the petition are sufficient to grant decree of divorce. Hence, prayed for allowing the appeal and to grant decree of divorce by setting aside the judgment passed in M.C.No.102/2021.

11. Having heard t