Long Period Of Continuous Separation Of A Decade Establishes That Matrimonial Bond Is Beyond Repair: Allahabad HC Grants Divorce To Husband

The Court was hearing an instant appeal filed under Section 19 of the Family Courts Act where the appellant challenged the validity of a judgment and decree passed by the Family Court under Section 13 of the Hindu Marriage Act, 1955.

The bench of Justice Rajan Roy and Justice Subhash Vidyarthi observed, “The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. The marriage between the parties has become a fiction, though supported by a legal tie. In such situation, it leads to mental cruelty...By refusing to severe the tie between the plaintiff and the defendant, the Family Court has not served the sanctity of marriage; on the contrary, it has shown disregard for the feelings and emotions of the parties, which are not affectionate towards each other.”

Advocate Akshat Kumar appeared for the Appellant and Advocate Sagar Singh appeared for the Respondent.

A suit was filed by the plaintiff seeking divorce and alleged that the defendant-wife refused to live in Mallawan town, did not cooperate in household chores, and later filed false cases against him and his family. He claimed they were living separately for the past 2 years after she left for her parent's house along with their daughter. The defendant denied the allegations and alleged that she was harassed for dowry. The Family Court dismissed the suit on the ground that the plaintiff failed to prove desertion or cruelty.

The Court mentioned the Supreme Court decision in Debananda Tamuli v. Kakumoni Kataky: (2022) 5 SCC 459 and quoted, “...The law consistently laid down by this Court is that desertion means the intentional abandonment of one spouse by the other without the consent of the other and without a reasonable cause. The deserted spouse must prove that there is a factum of separation and there is an intention on the part of deserting spouse to bring the cohabitation to a permanent end.”

The Court noted that the respondent did not return to live with her husband for more than a decade. The Court further noted that the respondent is not contesting the appeal, which shows that she has no interest in her relation with the appellant and which indicates that the respondent has abandoned the relationship between herself and the appellant and an animus deserendi on her part, which is sufficient to constitute desertion.

The Court said that the judgment and decree passed by the Family Court dismissing the suit for divorce is unsustainable in law.

Accordingly, the Court allowed the Appeal.

Cause Title: Apoorva Gupta @ Apoorva Kumar Gupta v. Vandana Gupta (Neutral Citation: 2024:AHC-LKO:59093-DB)