Gujarat HC Upholds Decree Of Divorce Over Wife’s Desertion And Cruelty, Grants 15 Lakh As Permanent Alimony

“Marriages are made in heaven. Both parties are residing separately since last more than eight years and they have crossed the point of ‘no return’. Considering the allegations and counter allegations levelled by rival parties against each other, it is found that they have reached at the stage from where they cannot reconcile themselves, bury their differences and live together forgetting their past as a bad dream. We, therefore, have no other option except to dismiss present appeal by confirming the judgment and order passed by learned Principal Judge, Family Court, Gandhinagar, granting decree of divorce”, observed a bench of Justice Ashutosh Shastri and Justice Divyesh A. Joshi in the matter.

Advocate P. P. Majumdar appeared for the appellant, and Advocate Abhishek M Mehta appeared for the respondent.

In the present matter, the marriage between the parties was solemnized on November 22, 2009 and out of the wedlock, a boy was born on November 18, 2011. As per the case of the plaintiff, from the very beginning, the defendant-wife was behaving as if she was married off forcefully and without her will.

It was further alleged that since 2014, they were residing separately and there was no relationship between them.

Resultantly, an application for dissolution of marriage was filed on September 1, 2015 by the husband, inter alia, on the basis of two grounds, (i) opponent-wife deserted the husband in terms of Section 13 (1) (ia) and (ii) cruelty in terms of Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

Pursuant to which, upon receiving notice, alleging physical and mental torture the wife also had filed a complaint under Section 498-A and 354 of IPC against the husband and his family members. However, the same complaint was quashed by the Court which even the Apex Court had dismissed in a Special Leave Petition.

The Principal Judge, Family Court, Gandhinagar, allowed the divorce petition, which the appellant-wife had assailed in the present appeal.

The bench after considering the relevant facts and material placed on record firstly observed that the temperament and nature of wife was proved with cogent evidence. It was of the opinion that it was established that she inflicted blow of tongs (Saanasi) on the head of the mother-in-law, who became unconscious, and after getting the requisite treatment even recorder in her cross-examination.

Therefore, while referring to Durga Prasanna Tripathy v. Arundhati Tripathy 2005 (7) SCC 353, the court was of the opinion that it is clear that parties are residing separately since August 2014 and that the Family Court concluded that the appellant had proved that the respondent is not only cruel but also deserted him since August 2014. Therefore, considering the desertion is for more than eight years and, the bench was of the opinion that there has been an irretrievable breakdown of marriage between the appellant and the respondent.

However, while deciding the alimony to be paid the bench observed, “Considering the status of the parties and economic condition of the respondent-husband as well as future of the baby boy- , who is residing with the mother, we deem it proper that if an amount of Rs.15 Lacs is ordered to be paid to the wife and for well being of child as permanent alimony, it would meet the ends of justice. Accordingly, the respondent husband is directed to pay Rs.15 Lacs to the appellant-wife within a period of three months from today, by an account payee demand draft drawn in favour of the appellant-wife”.

Resultantly, the bench dismissed the appeal by confirming the judgment by the Family Court.

Cause Title: Dipti v. Pradhot Natvarbhai Vasaiya

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