{"id":295544,"date":"2023-06-28T16:30:14","date_gmt":"2023-06-28T11:00:14","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=295544"},"modified":"2023-07-03T16:58:33","modified_gmt":"2023-07-03T11:28:33","slug":"gujarat-hc-upholds-grant-of-divorce-in-husbands-favour-on-grounds-of-desertion-and-cruelty-by-wife","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/28\/gujarat-hc-upholds-grant-of-divorce-in-husbands-favour-on-grounds-of-desertion-and-cruelty-by-wife\/","title":{"rendered":"Husband-Wife crossed point of \u2018No Return\u2019; Gujarat HC upholds Divorce on grounds of Desertion and Cruelty by Wife"},"content":{"rendered":"
\n

Gujarat High Court:<\/b> While hearing an appeal filed by appellant-wife against the Judgment and Order of the Family Court, Gandhinagar, wherein divorce petition of the respondent-husband was allowed, the Division Bench of Ashutosh Shastri<\/b>* and Divyesh A. Joshi, JJ., dismissed the appeal and upheld the Judgment of the Family Court, granting the decree of divorce.<\/p>\n

In the matter at hand, the husband had filed a suit for divorce under the Section 13(1)(a)<\/a> of the Hindu Marriage Act, 1955<\/a> (‘the Act’). The case of the husband was that from the very beginning, the wife was behaving as if she was forced to marry, and that she had not married out of her will. It was alleged that she was not interested in their relationship. It is also alleged that after the birth of the baby boy, the wife was not at all willing to come back to her matrimonial home and though the husband tried to bring her back to the matrimonial home, she did not come. It was alleged that since 2014, they have been residing separately and there was no relationship between them. On the other hand, as per the case of the wife, she was residing at her parental home since 2014 due to physical and mental torture meted out to her by her in-laws. It was also stated that her husband was very supportive earlier, but he did not come to meet her after the birth of their son. After hearing the petition at length, the Family Court had allowed the petition on 30-11-2017. Therefore, aggrieved and dissatisfied with the said Judgment of the Family Court, the wife had preferred the present appeal before the Court.<\/p>\n

The Court noted that the marriage between the parties was solemnized on 22-11-2009 and one baby boy was born on 18-11-2011. The Court also noted that the application for dissolution of marriage was preferred by the husband, on two grounds, that the wife had deserted the husband in terms of Section 13(1)(ia) and cruelty in terms of Section 13(1)(ia)<\/a> of the Act<\/a>.<\/p>\n

It was also noted by the Court that after service of notice, the wife had filed a complaint under Section 498-A<\/a> and 354<\/a> of the Penal Code, 1860<\/a> (‘IPC’) against the husband and in-laws. The husband had filed a quashing petition before the Court and considering the allegations and other material available on record, the Court had quashed the said complaint. The said order was also challenged by the wife before the Supreme Court by preferring a Special Leave Petition, which was dismissed. The Court said that it was also an admitted position of fact that wife had inflicted blow of tongs (Saanasi<\/i>) on the head of her mother-in-law in the absence of her husband, due to which she became unconscious. When the mother-in-law was shifted to the hospital for treatment, she was given specific history that injuries were caused by the wife of her son. The said fact was admitted by the wife in her cross-examination. Therefore, the Court said that on the basis of the set of evidence, the issue pertaining to temperament and nature of wife was proved by the husband by leading very cogent and convincing evidence. Not only that, but it was also an admitted fact that since then the wife was residing at her parental home.<\/p>\n

Placing its reliance on Durga Prasanna Tripathy<\/i> v. Arundhati Tripathy<\/i>, (2005) 7 SCC 353<\/a> and the evidence on record, the Court said that it was clear that the parties were residing separately since August 2014 and the desertion was for more than eight years and therefore, there was an irretrievable breakdown of marriage between the appellant and the respondent. Further, the Court said that marriages are made in heaven, both the parties were residing separately for more than ight years, and they have crossed the point of ‘no return’. The Court also said that considering the allegations and counter allegations levelled by rival parties against each other, it was found that they had reached a stage from where they cannot reconcile themselves, bury their differences and live together forgetting their past as a bad dream<\/i>.<\/p>\n

Therefore, the Court dismissed the present appeal and confirmed the Judgment and Order of the Family Court, granting the decree of divorce. The Court, however, directed the husband to pay Rs. 15 Lakhs in alimony to the wife within the period of three months for the well-being of the child.<\/p>\n

[Dipti v. Pradhot Natvarbhai Vasaiya, 2023 SCC OnLine Guj 1832<\/a>, Decided on 21-06-2023<\/span>]<\/p>\n

Judgment Authored by: Justice Ashutosh Shastri<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case :<\/p>\n

For the Appellant: Advocate PP Majmudar;<\/p>\n

For the Respondent: Advocate Abhishek M Mehta.<\/p>\n

Buy Penal Code, 1860   HERE<\/a><\/h3>\n

\"penal<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The Court said that the parties had reached a stage from where they cannot reconcile themselves, bury their differences and live together forgetting their past as a bad dream.<\/i><\/p>\n","protected":false},"author":67011,"featured_media":292951,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[58845,33345,58846,52772,3096,30971],"class_list":["post-295544","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-desertion-and-cruelty-by-wife","tag-divorce-decree","tag-grant-of-divorce","tag-gujarat-hc","tag-Gujarat_High_Court","tag-hindu-marriage-act-1955"],"yoast_head":"\nGujarat HC upholds Grant of Divorce in Husband's favour on grounds of Desertion and Cruelty by Wife | SCC Blog<\/title>\n<meta name=\"description\" content=\"Gujarat HC upholds Grant of Divorce in favour of Husband on grounds of Desertion and Cruelty by Wife under Section 13(1)(a) of the Hindu Marriage Act, 1955\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/28\/gujarat-hc-upholds-grant-of-divorce-in-husbands-favour-on-grounds-of-desertion-and-cruelty-by-wife\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Husband-Wife crossed point of \u2018No Return\u2019; 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Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid of merit. The facts of the case are such that marriage of the appellant and his wife was solemnized in the year 2007 as per Hindu rites and\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":297427,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/07\/21\/initiation-proceedings-wife-vindication-her-rights-not-mental-cruelty-madras-high-court\/","url_meta":{"origin":295544,"position":3},"title":"Can initiation of proceedings by wife for vindication of her rights considered to be mental cruelty? Madras High Court answers","author":"Apoorva","date":"July 21, 2023","format":false,"excerpt":"When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"madras high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/04\/madras-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":213788,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/04\/20\/del-hc-divorce-decree-upheld-where-wife-not-maintaining-marital-cohabitation-with-husband-for-over-two-years\/","url_meta":{"origin":295544,"position":4},"title":"Del HC | Divorce decree upheld where wife not maintaining marital cohabitation with husband for over two years","author":"Bhumika Indulia","date":"April 20, 2019","format":false,"excerpt":"Delhi High Court: A Bench of G.S. Sistani and Jyoti Singh, JJ. upheld a decree of divorce granted by the family court under Section 13(i-a) and (i-b) of the Hindu Marriage Act, 1955, in favour of the husband. The husband filed for a decree of divorce against his wife on\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":268687,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/06\/20\/wife-pressing-uncorroborated-allegations-on-husband-being-impotent-amounts-to-cruelty-under-s-131-ia-of-the-hindu-marriage-act-1955-kar-hc-grants-divorce\/","url_meta":{"origin":295544,"position":5},"title":"Wife pressing uncorroborated allegations on husband being impotent amounts to cruelty under S. 13(1) (ia) of the Hindu Marriage Act, 1955; Kar HC grants divorce","author":"Prachi Bhardwaj","date":"June 20, 2022","format":false,"excerpt":"There is no straight-jacket formula when considering the term \u201ccruelty\u201d and it depends upon the established pleadings and evidence on record and the inference has to be drawn from the attending facts and circumstances taken cumulatively","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Karnataka High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/295544","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=295544"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/295544\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/292951"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=295544"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=295544"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=295544"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}