Hindu Marriage Act, 1955: s. 13(1)(ia) and (ib) – Divorce – Grounds
of cruelty and desertion – Marital discord between the parties –
Petition for dissolution of marriage by the husband on the ground
that the wife treated him with cruelty and deserted him,that there
was no co-habitation between the parties, and that the wife had
filed multiple false and frivolous criminal cases against him – Trial
court passed a decree of divorce holding that the wife had deserted
the husband and had meted out cruel behaviour against him –
However, the High Court set aside the order – On appeal, held:
There are bitter allegations of cruelty and desertion from both the
sides, the marital relationship has broken down irretrievably, there
is a long separation of 25 years, absence of cohabitation, no child
out of the wedlock, with multiple court cases between the parties –
Repeated efforts for reconciliation by the Courts has failed – Marital
relationship which has only become more bitter and acrimonious
over the years, does nothing but inflicts cruelty on both the sides
– To keep the facade of this broken marriage alive would be doing
injustice to both the parties – Marriage being irretrievably broken
down spells cruelty, thus, a ground for dissolution of marriage
u/s.13(1)(ia) – Judgement by the High Court set aside and decree
of divorce is granted.