The main legal point established in the judgment is the court's authority to grant a decree of divorce based on proven grounds of mental cruelty and desertion, as well as its power to address the issue of permanent alimony for the appellant's financial security.

ORDER :

1. This appeal is challenging the judgment and decree passed by the Family Court, Vadodara on 29.11.2017 in Family Suit No. 151 of 2013 under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955.

2. The wife has challenged the same on the ground that she could not remain present while the final judgment and decree was passed as she had not been intimated as she lives at Gazipur, however that fact had not been disclosed before the Vadodara Court by the Husband. She continued to reside at Gazipur with her parents and she belongs to Uttar Pradesh and never to Gujarat. She therefore, has sought the following prayers:

“(A) Your Lordships may be pleased to admit and allow this First Appeal.

(B) Your Lordships may be pleased to quash and set aside the order dated judgment, order and decree passed by the Learned Judge, Family Court, Baroda dated 29th November, 2017 in Family Suit No. 151 of 2013, in the interest of justice.”

3. Concerted efforts have been made for exploring the settlement between the parties on various dates by different forums, however, the same did not yield any results. We therefore, have undertaken final hearing of the appeal where learned advocate Ms. Datta for the appellant and learned advocate Mr. Yadav for the respondent- original plaintiff are heard extensively. This arises from the judgment and decree where respondent husband had approached the Family Court, Vadodara for obtaining a decree of divorce on the ground of cruelty and desertion and the same has been allowed in absence of wife.

4. The marriage between the spouses had been performed on 19.2.2009 at Gazipur, Uttar Pradesh. She joined her husband at Vadodara to perform her matrimonial obligations and they started their marital life at Vadodara.

5. It is averred by the respondent in the family suit that after 6 to 7 months of the solemnization of the marriage, the disputes started growing between the parties. It is alleged that without any rhyme or reason, the appellant was quarreling with the respondent and his parents. She was also avoiding to cooperate other members of the family and chose not to attend the daily chores. Her use of filthy language to the respondent and parents, as also the threats of locking herself in the room and spending more time in the room, are the reasons which are said to have caused immense pressure upon the respondent and other grounds for cruelty put forth before this Court.

6. It was the say of the respondent that for the passage of time, the respondent was under the hope that the things would improvise, however with no change in the family circumstances. In February 2011, she had called her father from Uttar Pradesh for alleging grievances against the respondent and his family where the false representation has also made as he approached the Sayajiganj Police Station, Vadodara in respect of the alleged cruelty meted out to the appellant and eventually her father had taken her to the Uttar Pradesh with all her belongings.

7. It is further the say of the respondent that when she did not return to her matrimonial home, the notice had been sent, which she never bothered to reply. Eventually, she was brought back in the month of September 2011 and then lived in for peacefully, however, after one month disputes arose again and the mother of the respondent had approached the Mahila Police Station for getting the protection from the appellant and appellant had left on 1.2.2012 respondent’s house without any reasonable cause or excuse.

8. It appears that notice had been issued after the petition was instituted and the written statement also had been filed by the present appellant at Exh.14 before the trial Court. She admitted the solemnization of the marriage, however it was alleged that after consuming the liquor, the respondent was hurling filthy abuses at her and he was subjecting her to mental and physical cruelty. She had tolerated all these in a hope for shiny days in the life. She was driven out of the house on account o