Desertion under the Hindu Marriage Act, 1955 requires the intentional permanent forsaking and abandonment of one spouse by the other without consent and without reasonable cause.

1. Heard learned counsels for the parties.

2. Wife is the appellant aggrieved by the decree of divorce granted by the learned Court of Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 73 of 2011 vide judgment dated 19th August, 2015, decree dated 29th August, 2015. The petitioner- husband had approached the Family Court with prayer for dissolution of marriage both on the grounds of cruelty and desertion in terms of section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955.

3. As per the case of the petitioner-husband, parties entered into marriage as per Hindu rituals and customs on 5th May, 2007 at Ranchi. The respondent-wife/appellant herein came to the matrimonial home on 6.5.2007, stayed there for few days and even during that period was not cooperating in the conjugal relations. She kept insisting for separate accommodation. It was alleged that she hardly resided in the matrimonial home and enjoyed living in a joint family. She used to go back to her parental home on one pretext or the other. The couple was, however, blessed with a female child. Despite several efforts to bring her back to the matrimonial home, she refused to join his society. Petitioner and his family members underwent immense mental trauma and financial stress, but the efforts continued. In July, 2007, on one occasion, while the petitioner was about to go off to sleep, she indulged in hue and cry and abusive language against her in-laws, knowing that his mother is a cancer patient. She also attempted suicide by trying to jump from the top of the floor of the building in April, 2008 but, her effort was thwarted by the presence of mind of the husband. She had been both rude and brutal at times with the petitioner and his parents. She left the matrimonial home in February, 2009, without any consent or reason and never returned. He made several sincere attempts to bring her back. On 13.4.2010, with the efforts of well-wishers, common friends and their guardians, a meeting was convened. Respondent, realizing her mistake, gave a hand written note with an undertaking that she would fulfil all matrimonial obligations and return to her conjugal life. However, she did not return. Despite the best efforts of the petitioner and his family members, she never heeded their entreaties to come back to the matrimonial home. Thus, the petitioner was left with no other alternative than to institute the instant suit for dissolution of marriage, both on the grounds of cruelty and desertion.

4. Respondent in her written statement admitted the marriage. She also admitted having stayed for few days in the matrimonial home but alleged, ill-treatment and cruelty at the hands of the petitioner and his family members. She further alleged that it was the petitioner who had himself withdrawn from the matrimonial obligations. Still, the couple was blessed with a female offspring which shows that she had been duly performing her duties, as a wife. She denied any ill-treatment towards her mother-in-law or against any person. She also denied having used filthy and abusive language at any point of time. She expressed her inclination to live with the husband. According to her, the suit had been instituted with ulterior motive, though no cause of action arose.

5. Based on the rival pleadings of the parties, the learned family court framed the following issues for adjudication on re-cast:

(i) Is the suit as framed maintainable?

(ii) Has the petitioner got valid cause of action for the suit?

(iii) Has the respondent treated the petitioner with cruelty and deserted the petitioner?

(iv) The petitioner entitled to get marriage dissolved and decree for divorce be passed in his favour?

(v) Any other relief or reliefs to which petitioner may be entitled too?

(vi) Whether respondent is entitled to permanent alimony?

Petitioner-husband examined four witnesses, who are: