Hindu Marriage Act 1955- Divorce - Cruelty - desertion

                                                Hindu Marriage Act 1955

Sec-13 Divorce

1(1a) has, after the solemnization of the marriage treated the petitioner with cruelty: or

1(1b)has, deserted the petitioner for a continuous period of not less then two years immediately proceeding the presentation of the petition:

Cruelties are dangerous to life, limb or health. Cruelty may be physical or mental

Matrimonial duties and obligation Shoba Rani Vs. MadhukerReddy 1988 1 SCC 105: AIR 1988 SC 121: 1 SCJ 307

Mental Cruelty cannot be constituted by normal domestic quarrels Yashoda bai Vs K B Kalawkar AIR 1992 Kant 368

Burdon of proof of alleged cruelty as a ground for divorce lies on the petitioner N C Dastane Vs. S Dastane AIR 1975 SC 1534.

Cruelty in Matrimonial field may arise out of subtle and brutal variety of infinite modes like words, gestures, conduct, violence, Non violence, even silence Jagdish Mitter Vs Juna Saini 1978 HLR 304.

Even Refusal to have sexual intercourse with the spouse amounts to cruelty Sunil Kumar Vs Usha AIR 1994 MP 1 AT 3.

Refusal to attend domestic work etc, Cannot be in the ordinary circumstances an instance of Cruelty either mental of physical Smt Krishna Banargee Vs Bhanu Bikash Bandyopadhyay AIR 2001 Cal 154

Husband did not prosecute easier divorce petition on assurance of good behavior by wife by her parents and relatives, even the wife continued her hostility   and misbehaved towards her husband, husband was entitled to decree for divorce Abha Agarwal Vs Sunil Agarwal AIR 200 All 377

Where criminal case was instituted by wife against her husband and accused persons were discharged on ground of territorial jurisdiction by the court and action was not pursued further by wife, and the wife refused to cook food and insulted husband in presence of his relations which proved that she did not wanted live with her husband, decree of divorce was granted Rukmanidevi vs Badri Narain, 1 (2002) DMC 552 (DB) (Raj).

DESERTION

Desertion is the forsaking and abandonment of one spouse by the other without reasonable cause and without consent of against the with of the other, it may furnish ground for the relief of granting divorce, is a factum of separation and the intention to bring cohabitation permanently to an end animus deserendi Smt Laxmi Mallik Vs Mayadhar Mallic. 1 (2002) DMC 172 (DB) (ori)

Decree of Divorce on the Ground of desertion connot be passed where the spouse is living separately because of his or her job or without any intention bring matrimonial relationship to an end Indra Vs S K Gagle AIR 1993 MP 59: 1993 Marri LJ 323.

Animus Deserendi- In case of desertion where the respondent wife left her matrimonial home and preferred to live with her parents, The Husband made all attempts to bring her back but failed and their relationship got sour on account of unreasonable demand and desire of wife and her father that husband should live with them as Ghar Jamaee here divorce could be granted Gajendra Vs Madhu mati AIR 2001 MP 299