Hindu Marriage Act, 1955 – Section 13(1)(ib) – Divorce – Desertion – Essential ingredients – Desertion requires proof of factum of separation and intention to permanently abandon the matrimonial relationship (animus deserendi) – Mere living separately or temporary separation does not constitute desertion.
(Paras 16–17)
Matrimonial Law – Desertion – Burden of proof – Husband seeking divorce must establish that the wife voluntarily deserted him without reasonable cause and with intention to end matrimonial life – When wife expresses willingness to join the husband, desertion cannot be inferred.
(Paras 12, 16–17)
Hindu Marriage Act – Divorce proceedings – Evidence – Issuance of legal notice seeking restitution of matrimonial life indicates willingness to continue marriage – Such conduct weakens the plea of desertion when later divorce is sought on the same ground.
(Paras 11, 14)
Matrimonial Disputes – Separation – Ordinary wear and tear of married life – Minor disputes or temporary separation between spouses cannot be treated as desertion or cruelty warranting dissolution of marriage.
(Para 17)
Civil Procedure Code – Order XLI Rule 17(2) – Appeal – Absence of respondent – Appeal cannot be allowed merely because the respondent does not appear – Court must examine the case on merits and the appellant must establish grounds for interference.
(Para 10)
Family Courts Act, 1984 – Section 19 – Appeal – High Court while exercising appellate jurisdiction must independently examine whether findings of Family Court are sustainable on facts and law.
(Para 10)
RESULT
Family Court Appeal Dismissed –
Order dated 20-07-2007 in O.P.No.49 of 2004 passed by the Principal Judge, Family Court-cum-IV Additional District & Sessions Judge, Vijayawada dismissing the husband’s petition for divorce confirmed – Husband failed to prove desertion by the wife – No order as to costs.
(Para 18)
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