Chhattisgarh High Court: Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by the husband, while granting Rs 15 lakhs permanent alimony to the wife.
Applicant-Husband had preferred an appeal under Section 28 of the Hindu Marriage Act, 1955 questioning the legality and propriety of the trial Court’s decision whereby the application seeking a decree for dissolution of marriage on the ground of desertion and cruelty was dismissed.
Questions for determination:
(i) Whether the Non-applicant – wife has deserted her husband since 12.08.2009 without any rhyme and reasons being assigned entitling the Applicant for the decree of dissolution of marriage on the ground of desertion under Section 13 (1) (ib) of the Act, 1955?
(ii) Whether the Non-Applicant – Wife has levelled the false allegations against her husband pertaining to the demand of dowry by lodging a false complaint under Section 498-A of IPC read with Section 4 of Dowry Prohibition Act entitling the Applicant for the decree of dissolution of marriage on the ground enumerated under Section 13 (1) (ia) of the Act, 1955?
Analysis and Decision
High Court on noting that the applicant was living with another woman, therefore, there was a reason as to why the non-applicant had started living separately from her husband.
Therefore, the husband failed to establish the fact that his wife had deserted him without any justifiable reasons so as to obtain a decree for dissolution of marriage on the ground of desertion under Section 13(1) (ib) of the Act, 1955.
Further, on close scrutiny of the wife’s statement, it was revealed that the wife was never subjected to cruelty with regard to the demand of dowry as no evidence was led by her in this regard. Hence, the alleged complaint by the non-applicant was false.
Court added that the alleged marriage of the husband and wife had irretrievably broken down and was dead for all purposes.
The husband and wife were not only living separately for over more than 11 years, but a false criminal case was also found to be lodged by the non-applicant-wife against her husband, which caused mental cruelty to him.
Therefore, the husband would be entitled to get a decree for dissolution of marriage on the ground enumerated under Section 13 (1) (ia) of the Act, 1955 and, the finding of the trial Court declining to grant a decree for divorce on the ground of cruelty was accordingly set aside and the applicant was held to be entitled to a decree for divorce under Section 13 (1) (ia) of the Act, 1955.
With regard to the alimony, Court stated that, by considering the conditions prescribed under Section 25 of the Act, 1955 relating to claim of permanent alimony/maintenance and considering further the fact that the Non-applicant – wife has no independent source of income and that by taking note of the income of the Applicant – husband as reflected and observed from the details furnished coupled with the period of marriage, the ends of justice would be served by fixing amount of permanent alimony/maintenance at Rs 15,00,000 in lump sum payable to the non-applicant wife.
In the above direction, Court added that the applicant shall be entitled to deduct the maintenance amount from the permanent alimony.
In view of the above, the appeal was allowed. [Vasudev Prajapati v. Sunita Kumari, FA (M) No. 9 of 2015, decided on 28-4-2022]
Advocates before the Court:
For Appellant: Shri Manoj Paranjpe appears along with Shri Anurag Singh and Shri Subhank Tiwari, Advocate.
For Respondent: Shri H.B. Agrawal, Sr. Advocate along with Shri Amit Tirkey, Advocate.
