Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, N.S.SANJAY GOWDA
Chimanlal Sajanbhai Bathwar – Appellant
Versus
Amriben @ Amitaben Chimanlal Bathwar – Respondent
| Table of Content |
|---|
| 1. appeal's basis under family court act (Para 1) |
| 2. appellant's claims about cruelty and desertion (Para 2) |
| 3. respondent's defense against claims (Para 3) |
| 4. chronology of marriage and separation (Para 4 , 5 , 6 , 7) |
| 5. evidence regarding tuberculosis and desertion (Para 8 , 9 , 10) |
| 6. assessment of desertion period (Para 12 , 14) |
| 7. legal standards for desertion under hindu marriage act (Para 15 , 16) |
| 8. consideration of parties' current status (Para 17 , 18) |
| 9. determination of permanent alimony (Para 19 , 20) |
| 10. final judgment and dissolution of marriage (Para 21 , 22) |
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is preferred under Section 19 of the Family’s Court Act read with Section 96 of the CIVIL PROCEDURE CODE against the judgment and order dated 01.07.2017 in Family Suit No.540 of 2015 passed by the Family Court No.2, Ahmedabad. The original proceedings were in the form of an application under Section 13 (1) of the HINDU MARRIAGE ACT seeking a decree of divorce on the ground of cruelty and desertion by the appellant-husband which came to be rejected by the impugned judgment and order. Against the aforesaid rejection of the application
Prolonged separation without lawful reasons constitutes desertion, justifying the grant of divorce under the Hindu Marriage Act.
Divorce cannot be granted solely on claims of cruelty and desertion by the husband when evidence suggests the wife's actions were justified due to the husband's conduct including second marriage.
The court established that allegations of cruelty must be substantiated with evidence, and the absence of such evidence can lead to the dismissal of divorce petitions.
The court affirmed that desertion and cruelty, established through evidence, justify the grant of divorce under Hindu Marriage Act, reinforcing the burden of proof on the petitioner.
Desertion as a ground for divorce requires proof of separation and intent to cease cohabitation, alongside consideration for appropriate alimony factoring the welfare of minor children.
The court upheld the divorce as mutual consent was reflected in prolonged separation, emphasizing the need for permanent alimony considering the parties' financial circumstances.
Long separation and absence of cohabitation can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
