High Court of Himachal Pradesh Dismisses Appeal for Dissolution of Marriage on Grounds of Cruelty and Desertion

The High Court of Himachal Pradesh, Shimla, recently delivered a judgment dismissing an appeal (FAO No. 437 of 2010) seeking the dissolution of a marriage on the grounds of cruelty and desertion. The case was heard by the Hon'ble Mr. Justice Satyen Vaidya.

In the appeal, the husband, Nain Sukh, had filed a petition under Section 13 of the Hindu Marriage Act, 1955, seeking the dissolution of his marriage with the respondent, Seema Devi. However, the learned Additional District Judge, Shimla, had dismissed the petition.

The court observed that the allegations of cruelty made by the husband were vague and general, lacking specific instances to support the claim. Furthermore, the court noted that the husband had failed to comply with the rules requiring allegations of cruelty to be specified with sufficient particularity.

The burden of proof was on the petitioner, the husband, to establish the allegations of cruelty. However, the evidence presented by the husband and his witnesses was deemed insufficient by the court. On the other hand, the court found that the wife had a justifiable ground to live separately, as she alleged that the husband had married another woman and had children from that relationship. This allegation was supported by unchallenged evidence.

Additionally, the court held that the ground of desertion was not proved as it had not been specifically pleaded and the necessary jurisdictional facts were missing from the petition.

Based on these findings, the High Court dismissed the appeal, concluding that there was no merit in the husband's case.

Decided on : 02.06.2023

Nain Sukh vs Seema Devi