Making Effort For Reconciliation Not Mandatory For Decreeing A Divorce Suit: Allahabad HC

The High Court's observations were made in the context of an appeal filed by a husband, who had challenged a Family Court's decision that dismissed his divorce petition. The petition was based on allegations of cruelty and desertion by his wife.

A Division Bench of Justice Rajan Roy and Justice Subhash Vidyarthi said, “The Family Court has blamed the plaintiff for not making any effort for reconciliation. Making effort for reconciliation is not a condition precedent for decreeing a suit for divorce. For deciding a suit for divorce, the Family Court is merely required to satisfy itself whether any of the grounds mentioned in Section 13 of the Hindu Marriage Act are made out.”

Advocate Vishwas Shukla appeared for the Appellant.

Initially, the Family Court had dismissed the suit. It noted that while the husband claimed cruelty and desertion, he had not presented any witnesses or evidence from friends or relatives to support his allegations. Furthermore, the Family Court was concerned that the husband had not demonstrated any efforts to reconcile with his wife.

However, the Court found fault with the Family Court's approach. The Court noted, “if the Court prefers to examine the conduct of the parties regarding making efforts for reconciliation, the conduct of both the parties should be considered. In the present case, the plaintiff has pleaded that the defendant has deserted him. The defendant did not respond to the summons issued to her and she did not come forward to assign any sufficient cause for her living separate from the plaintiff. She did not controvert the pleadings of the plaintiff. Therefore, the plaintiff has successfully proved his desertion by the defendant, which is continuing since the year 2011.”

The High Court ruled in favor of the husband. It overturned the Family Court’s decision, acknowledging that the husband had successfully proven his case of cruelty and desertion. The appeal was granted, and a decree of divorce was issued, formally dissolving the marriage.

Cause Title: Saurabh Sachan v. Garima Sachan, [2024:AHC-LKO:57079-DB]

Appearance:

Appellant: Advocates Vishwas Shukla and Ram Kumar Singh.