Desertion, as a ground for divorce under Section 13(1)(ib) of the Hindu Marriage Act, is established by proving a continuous separation of at least two years coupled with the intention to permanently abandon the matrimonial home without reasonable cause and without the consent of the other spouse.

NAFR

Judgment on Board

Per Ramesh Sinha, Chief Justice

1 Heard Mr. Pranjal Agrawal, Advocate appearing for the appellant as well as Ms. Laxmeen Sahu, learned counsel for respondent in the present appeal.

2 Present is an appeal under Section 19 of the Family Courts Act, 1984, against the impugned judgment and decree dated 10.07.2025 passed by learned 2nd Addl. Principal Judge, Family Court, Bilaspur, in Civil Suit No. 376 A/2019, whereby a decree has been passed in favour of the respondent/husband, granting divorce and the marriage between the parties has been dissolved by the decree of divorce.

3 The status of the parties, as shown in the civil suit before the learned Family Court, is being taken and referred in the present appeal for the sake of convenience.

4 Brief facts of the case are that the marriage between the parties was solemnized in the year 1997, as per their rituals and customs. They are blessed with two daughters who are presently residing with the wife/Non-applicant. After some time of marriage, the quarrel started between the parties initially on some domestic issues, which became aggravated by the lapse of time, culminated into their separation. Ultimately, the husband/ applicant has filed an application on 24.06.2019 under Section 13(1) A of the Hindu Marriage Act, 1955, for the grant of divorce. In the application, he pleaded that the non-applicant/ wife treated him with cruelty by raising a quarrel without any reason and by saying that she is not ready to reside with his parents, and he is required to live separately from them. The non-applicant wife deserted without any sufficient cause and has been residing separately for more than 10 years, and therefore, a decree of divorce may be granted in his favour.

5 The Non-applicant/wife, in her written statement, denied the allegation made by the applicant husband and pleaded that the applicant/ husband was in the habit to raise quarrel after getting him intoxicated. He has not taken care of her children and thrown them out of his house by raising a quarrel and committed marpeet with her. Every time he confessed his guilt and asked to be forgiven. She has never treated her husband with cruelty and never raised any quarrel. It is the applicant’s husband who raised a quarrel with her and threw them out. She also denied that he deserted the applicant/ husband for 10 years, and there is no ground available to him for the grant of a decree of divorce in his favour. And therefore, the application filed by the husband is dismissed.

6 Based on the pleadings of the parties, the learned Family Court has framed the following issues:-

7 In support of his application, the applicant/ husband examined himself as (AW/1), and the non-applicant/ wife also examined herself as (NAW/1), Laxmi Prasad Sahu (NAW/2) and Sharad Kumar Sahu (NAW/3).

8 After hearing the parties, the learned Family Court passed its judgment and decree on 10.07.2025, allowed the application of the applicant/ husband and granted a decree of divorce in his favour, which is under challenge in the present appeal.

9 Learned counsel for the appellant would submit that the impugned judgment and decree suffer from perversity and illegality. The applicant’s husband has failed to prove the desertion and cruelty against the non-applicant/ wife. There is lack of sufficient pleading and evidence with makes him entitled for grant of a decree of divorce. The learned Family Court has erred in holding that the wife has deserted the husband for more than 10 years without any sufficient cause. They should have considered the evidence in its proper perspective and inquired about the reasons for their separate residing. He would further submit that it is applicant/husband who committed cruelty with her and after committing marpeet, thrown them out from his house and is not taking care of his children which itself shows that the applicant/ husband is at fault and he cannot be benefited for his ow