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RADHAKISHAN AGRAWAL
Ashwini Kumar Singh, S/o Akhilesh Singh – Appellant
Versus
Sadhna Singh, W/o Ashwini Singh – Respondent
JUDGMENT :
Radhakishan Agrawal, J.
1. Appellant-Husband preferred this appeal against the judgment and decree dated 29.11.2021 passed by the Family Court, Ambikapur, District Surguja, C.G. in Civil Suit No.136-A/2018, whereby the suit filed under Section 13 of Hindu Marriage Act, 1955 (for short, 'the Act, 1955') by the husband/appellant for grant of decree of divorce has been dismissed.
2. The facts, in brief, are that marriage between the appellant/husband and respondent / wife was solemnized on 26.04.2013 at Ambikapur according to Hindu rites and rituals. After marriage, the respondent / wife joined the company of the husband and out of their wedlock, one female child was born. It is alleged by the husband that after marriage, the wife used to visit her maternal home frequently without any information and also refuses to stay at village Ranpurkala. It is averred by the husband that he is working as Constable in the Chhattisgarh Armed Force at village Silphili and on account of his busy in peforming duties, it is not possible for him to look after his parents and old maternal grand-mother (nani) and for this reason, the wife would often fight with the appellant and never wanted to s
Desertion does not imply only a separate residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
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.
The court ruled that to establish desertion under the Hindu Marriage Act, the petitioner must prove both the factum of separation and the intent to permanently cease cohabitation, which was not demon....
The judgment establishes the grounds for divorce based on cruelty and desertion under the Hindu Marriage Act, 1955, and emphasizes the importance of evidence in proving these grounds.
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