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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, ARVIND KUMAR VERMA
Bodhi Ram Sonkar, S/o. Shri Sukhiram Sonkar – Appellant
Versus
Mohani Bai Sonkar, W/o. Shri Bodhikar Sonkar – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Invoking jurisdiction of this Court under Section 19(1) of Family Court Act, 1984, the appellant/plaintiff has preferred this appeal against the impugned judgment and decree dated 27/06/2023 (Annexure A/1) passed by learned Second Additional Principal Judge, Family Court, Raipur in Case No. HMA/260/2017 whereby application filed by the appellant/plaintiff under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter the Act of 1955) seeking decree for dissolution of marriage on the ground of desertion has been rejected finding no merit.
2. The aforesaid question arises on the following factual backdrop :-
(a) The marriage of appellant/plaintiff/husband and respondent/defendant/wife was solemnized on 07/03/2014 as per Hindu rites and rituals and they were blessed with a male child namely Bhavya Sonkar. Thereafter, on account of matrimonial discord between them, respondent/defendant left her matrimonial home in March, 2015 which led the appellant/plaintiff to file application for dissolution of marriage under Section 13(1)(ib) of the Act of 1955 on 02/05/2017 stating inter alia that the respondent/defendant left her matrimonial home without reas
A party cannot benefit from their own wrongdoing in divorce proceedings; misconduct bar relief under the relevant sections of the Hindu Marriage Act.
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 burden of proof lies heavily upon the petitioner to establish desertion without any reasons being assigned. Cogent and reliable evidence is required to prove desertion.
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.
Restitution of conjugal rights can be granted if one spouse withdraws from the other's society without reasonable excuse; allegations of desertion must be substantiated with evidence.
Desertion requires proof of separation and intent to end cohabitation; the burden of proof lies on the petitioner with a preponderance of evidence standard.
The court established that mental cruelty and desertion were proven through unrefuted evidence, justifying the dissolution of marriage under Hindu Marriage Act, 1955.
False allegations and criminal proceedings against a spouse can constitute mental cruelty, affirming grounds for divorce under Hindu Marriage Act.
Desertion is not the withdrawal from a place but from a state of things.
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