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BIREN VAISHNAV, NISHA M. THAKORE
Nitalben D/o Gordhanbhai Govindbhai Patel – Appellant
Versus
Dinesh Jasbhai Patel – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. First Appeal No.1016 of 2018 has been filed by the appellant-wife challenging the judgement and order dated 11.10.2017 passed by the Principal Judge, Family Court, Vadodara, in Family Suit No.1188 of 2010. Family Suit No.1188 of 2010 was filed by Dinesh Jasbhai Patel-the husband, the respondent in First Appeal No.1016 of 2018 by which he prayed for a decree of divorce under Section 13 of the Hindu Marriage Act on the ground of desertion and cruelty. By the aforesaid judgement and order, the suit of the plaintiff husband was allowed. The marriage between the appellant and the respondent was directed to be dissolved. Hence, the appeal by the wife.
2. First Appeal No.1957 of 2018 has been filed by the husband-original plaintiff challenging only that part of the judgement and order by which, the husband has been directed to pay Rs.6000/- per month to the wife towards her maintenance amount and Rs.4000/- for the maintenance of minor daughter Shreeja.
3. Facts in brief indicate that it was the case of the husband – Dineshbhai Patel that having married the appellant of First Appeal No.1016 of 2018 on 04.02.2006, he found that on one or the other pretext, the a
Desertion under the Hindu Marriage Act requires proof of continuous separation for two years, which was not established in this case.
The court affirmed that desertion and cruelty, under the Divorce Act, 1869, were established, allowing for divorce as neither party was willing to maintain the marital relationship.
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.
For a decree of divorce under cruelty or desertion, credible evidence substantiating these claims is essential. The court found no such evidence and upheld the Family Court's decision.
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.
The burden of proof lies with the appellant to establish claims of cruelty and desertion, which must be supported by credible evidence, and mere allegations without proof are insufficient for divorce....
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