Delhi High Court Grants Divorce on Grounds of Desertion, Citing Consistent Absence and Lack of Reconciliation
In a notable judgment, the Delhi High Court granted a decree of divorce on grounds of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955. The Bench, comprising Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna, pronounced the verdict on January 5, 2024, in the case MAT.APP.(F.C.) 8/2023, involving appellant Gaurav Nighawan and respondent Shweta.
In the absence of substantial evidence regarding cruelty, the Court’s decision primarily hinged on the aspect of desertion. The Hon’ble Judges observed, “The respondent has quietly chosen to stay apart from the appellant and broken the bond of marriage, though not legally but otherwise.” This observation underlined the Court’s reasoning that the respondent’s prolonged absence and her failure to respond to reconciliation attempts constituted a case of desertion.
The case, Initiated by the appellant-husband against the dismissal of his divorce petition by the Family Court, was rigorously examined by the High Court. While the allegations of cruelty were found to lack specific incidents and evidence, it was the respondent’s consistent absence since December 2015 and her non-response to legal proceedings that led the Court to conclude the existence of desertion.
The Court’s decision also referenced several key judgments, including Savitri Pandey Vs. Prem Chandra Pandey and Bipin Chandra Jaisinghbhai Shah Vs. Prabhavati, to elucidate the concepts of cruelty and desertion in matrimonial disputes. Emphasizing the importance of mutual trust, respect, and adjustments in marital relationships, the Court carefully distinguished between ordinary matrimonial conflicts and behavior amounting to legal desertion.
This judgment sheds light on the nuanced understanding of matrimonial laws, particularly in cases where physical cohabitation is absent, and the legal implications of emotional and psychological aspects of matrimonial disputes.
Date of Decision: January 05, 2024
GAURAV NIGHAWAN VS SHWETA
