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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Rajesh Kumar
Meera Devi wife of Rajendra Prasad Pal – Appellant
Versus
Rajendra Prasad Pal son of Sri Lallu Mahato – Respondent
ORDER :
Prayer
1. The instant appeal has been filed challenging the legality and propriety of impugned judgment passed on 15.03.2012 by the learned Principal Judge, Family Court, Jamshedpur whereby and whereunder the Matrimonial Suit No. 227 of 2007, filed by the respondent-husband under Section 13(1)(ib) of the Hindu Marriage Act, 1955 for a decree of divorce, has been allowed.
Factual Aspect
2. The facts, briefly narrated in the plaint, is that the marriage of the petitioner-husband(respondent no.1 herein) was solemnized on 19.02.1988 with the opposite party 1- wife, appellant herein, according to Hindu rites and custom. After the marriage they lived together as husband and wife. It is further case of the petitioner-husband that Opp. Party-wife left the house of the petitioner-husband along with her ornaments and other articles on 26.02.1988 in absence of the petitioner-husband, when the petitioner-husband had gone to the official duty. Thereafter, the petitioner-husband searched his wife hither and thither but he did not find her.
3. However, the petitioner-husband learnt from several persons that his wife has illicit relationship with Opp. Party No. 2, the respondent no. 2 herein, a
Desertion as a ground for divorce requires proof of intentional abandonment without consent; the court found constructive desertion by the husband, leading to the quashing of the divorce decree.
Desertion under Hindu Marriage Act necessitates intentional abandonment without reasonable cause, established through a fact of separation and the intent to permanently cease cohabitation.
Desertion as grounds for divorce requires proof of separation and intention to end cohabitation, which was not established in this case.
For desertion under the Hindu Marriage Act, both the absence of reasonable cause and the element of animus must be established; mere separation is insufficient to claim desertion.
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.
The burden of proof lies heavily upon the petitioner to establish desertion without any reasons being assigned. Cogent and reliable evidence is required to prove desertion.
The court established that willful and deliberate intention not to resume cohabitation, as evidenced by actions and admissions, can constitute desertion under the Hindu Marriage Act, 1955.
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