Divorce on Desertion Grounds
In a recent decision that has significant implications for matrimonial law, the Supreme Court has clarified the conditions under which a divorce petition may be granted on the grounds of desertion. The ruling, delivered on July 8, 2024, underscores that if one spouse does not resume cohabitation for one year following a decree for restitution of conjugal rights, a petition for divorce can indeed be presented on the ground of desertion.
Background of the Case
The dispute dates back several years and reflects a long-standing marital breakdown. The couple, married on March 25, 1999, has two adult children. Tensions began to surface around 2006, leading the husband to file a petition for restitution of conjugal rights under the Hindu Marriage Act. When the respondent-wife failed to rejoin him within the stipulated period, the situation escalated legally.
December 2008: The husband initiates a plea for restitution of conjugal rights.
May 2013: The Additional Civil Judge of Barnala issues a decree directing the wife to resume cohabitation within three months.
August 2013: Due to non-compliance, the husband files for divorce on the grounds of cruelty and desertion.
Legal Proceedings and the High Court's Role
The marital discord led to multiple litigations. While the Family Court at Barnala granted a divorce decree on August 1, 2016, the respondent-wife appealed, and the Punjab and Haryana High Court set aside this decree on October 4, 2019. The High Court reasoned that the husband’s neglect of marital duties forced the wife to leave, thus questioning the desertion claim.
The Supreme Court’s Stand
However, the apex court, with Justices Abhay S. Oka and Ujjal Bhuyan presiding, overturned the High Court’s decision. Key points from the Supreme Court’s ruling include:
No Co-habitation Efforts: The court noted that from the time of the divorce decree in August 2016 until its setting aside in October 2019, the wife made no efforts to resume cohabitation. This absence of any attempt was critical in establishing desertion.
Legal Provision Reaffirmed: Citing Section 13(1A)(ii) of the Hindu Marriage Act, the court emphasized that if no attempt is made to restore cohabitation for one year or more after a restitution decree, a divorce petition on the ground of desertion is permissible.
Financial Settlement: The judgment also highlighted a proposed alimony payment of Rs 30 lakhs to the respondent-wife, which the court deemed reasonable. The decree of divorce is to come into effect once this lump sum is paid.
Implications for Marital Law
This decision not only reinforces the legal stance on desertion but also clarifies the procedural timeline necessary for divorce petitions under similar circumstances. By emphasizing the one-year period without any attempt at reconciliation, the ruling provides a clear metric for future cases involving restitution of conjugal rights.
For many couples facing prolonged marital discord, this ruling serves as a reminder that the law is attentive to the realities of desertion and the absence of reconciliation. It reinforces that legal remedies are available when one party persistently neglects the obligations of cohabitation, even in the face of an earlier decree for restitution of conjugal rights.
Conclusion
The Supreme Court’s decision marks an important development in matrimonial jurisprudence. By upholding the divorce petition on the grounds of desertion, the court has not only set a precedent for similar cases in the future but also underscored the importance of sustained efforts to reconcile post-decree. This ruling offers clarity for spouses navigating the complex terrain of marital breakdown and serves as a significant legal guidepost in matters of divorce.