Desertion and cruelty under the Hindu Marriage Act, 1955 are grounds for divorce.

( 1 ) THIS matrimonial appeal is an unfortunate sequel to cultural gap between the husband and wife, terminal incompatibility of nature and attitude on life. The factual substratum of this unhappy marriage is that since 1979 the husband and wife are not living together. The husband s petition for divorce on the ground of cruelty and desertion was dismissed by the Addl, District and Sessions Judge, Delhi, and he has, therefore, preferred the present appeal. The marriage between the parties took place on 27-6-1966. This is almost a child marriage as the wife was only 15 years old and the husband was 19 years old. The husband had passed his Higher Secondary and the wife had passed only III standard, in school. The husband was interested in higher studies. He did his graduation and got an employment of a clerk in a Government office. He pursued his studies, passed his LLB. and then LL. M. The husband s family comes from village Chhatarpur, Delhi, and speaks for their affluence as they own five or six houses there. The wife comes from the village Badshahpur in Gurgaon District where her uncle was running a small dairy. According to the husband s allegations the wife wanted the husband to settle in village Badshahpur and start a milk dairy with the help of her uncle. She was not interested in his studies and put number of obstacles in his way. Since 1980 the wife is staying in one of the houses of the husband s family at Chhatarpur but not with the husband. There is evidence on record to show that she has kept some buffaloes and earning her livelihood. She claims that she is paying there with her uncle and one younger sister. The husband accuses her of leading an immoral life in his own village and while staying in one of the houses of the husband. It appears that particularly from 1979 onwards the relations between the two families have become quite bitter. She has filed number of criminal complaints firstly against the husband and his brother and later on implicating even the father and mother of the husband. The criminal complaints continued to be filed even when these matrimonial proceedings are pending in the courts. The wife claims that as she is living alone, she is being harassed by the family of the husband. While the husband contends that with the help of some busy body in the village-belonging to the opposite group all members of his family are being harassed by filing police complaints. He further claims that in none of the police complaints the police have found any substance and the complaints are, therefore, filed. The wife counters this contention and states that the family of the husband is an influential family and, therefore, the police are siding with them.

( 2 ) IT is clear that the marriage is completely broken beyond retrieve. The factual requirement of desertion is very plain, since the wife is not living with the husband since 1979. During the reconciliation attempts made in the chamber the wife made the usual plea that she was ready to stay with the husband, but her conduct of filing criminal cases right from 1979 and even during the pendency of these proceedings goes counter to her pleas. 1 may not agree with the husband s accusations that the wife is leading an immoral life. Indeed there cannot be any direct evidence for such an accusation and none has been produced. But two facts are quite glaring in this case. The wife who is almost illiterate is staying all by her own in the villlage far away from her own. Considering the reality of the modern life it will be impossible for a single lady to stay without a strong support of some male. This support is also evidenced from the criminal complaints and the police action regarding the breach of peace involving the group of the husband s family and opponents supporting the wife. In the face of these facts, can it be said with any seriousness that wife has any intention to return to husband s house? It is not more consistent with animus deserendi.