Solemnization Of Second Marriage By Husband Is Sufficient Cause For Wife To Not Return To Matrimonial House: Jharkhand Hgh Court
The Jharkhand High Court held that the solemnization of a second marriage by the Husband is a sufficient cause for the wife to not return to her matrimonial house.
The Court allowed the Petition filed by the Wife against the divorce decree passed by the Family Court. The Court held that the Husband was not entitled to a divorce decree on grounds of cruelty and desertion.
The Bench comprising Justice Rongon Mukhopadhyay and Justice Deepak Roshan noted, “So far as the issue of desertion is concerned, the said issue was not gone into by the learned court below. As would be apparent from the evidence of the witnesses the petitioner had solemnized a second marriage which fact has been supported even by the mother of the petitioner and this was a sufficient cause apart from other reasons not to return back to her matrimonial house”.
Advocate Arun Kumar appeared for the Appellant (Wife/Opposite Party in the Original Suit) and Advocate Anil Kumar appeared for the Respondent (Husband/Petitioner in the Original Suit).
The Appeal was filed before the Court challenging the judgment and decree passed by the Family Court, whereby the suit preferred by the Husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (HMA) on grounds of cruelty and desertion was allowed and their marriage was dissolved.
The Bench ascertained the following issues:
“(I) Is the matrimonial suit, as framed and filed maintainable?
(II) Is the petitioner has valid cause of action for the suit?
(III) Is the petitioner entitled for decree of divorce on the ground of cruelty and desertion?
(IV) To what other relief or reliefs, the petitioner is entitled to?”.
The Court observed that issue no III takes precedence and decided the matter of cruelty in favor of the Appellant. Therefore, the Court held that the Lower Court erred in its decision by granting divorce.
Accordingly, the Court allowed the Appeal and set aside the impugned judgment and decree.
Cause Title: Khirmani Devi v Ramesh Mehta