Marriage is a Chariot with Wheels of Adjustment and Understanding; Refusal to Move Together Doesn’t Merit Divorce – Delhi HC Dismisses Matrimonial Appeal
The Delhi High Court today dismissed an appeal in a matrimonial case, MAT.APP.(F.C.) 298/2023, filed by Gaurav Gulati against Gita Pravin. The appellant challenged the lower court’s dismissal of his divorce petition based on allegations of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.
Legal Point of the Judgement:
The Court primarily focused on two legal points: the allegations of cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib).
Facts and Issues:
The appellant, Gaurav Gulati, and the respondent, Gita Pravin, were married on April 16, 1994. Gulati claimed that Pravin had displayed cruel behavior shortly after the marriage and had deserted him since May 1995. However, Pravin contested these claims, stating she had been a dutiful wife but was forced to live separately due to circumstances beyond her control.
Court Assessment:
On Cruelty:
The Court observed that the incidents cited by the appellant were part of normal marital adjustments and did not constitute legal cruelty. “None of these allegations as claimed by the appellant were substantiated… they were incidents of normal wear and tear and minor initial adjustments,” the judgement noted.
Regarding the desertion claim, the Court found substantial evidence of the respondent’s continuous efforts for reconciliation, contrary to the appellant’s claim. The Court highlighted, “The entire evidence… proves that the appellant at every point of time resisted the reconciliatory efforts made by the respondent.” The Court also noted that the appellant failed to establish any intention by the respondent to end cohabitation permanently.
The High Court, upholding the lower court’s decision, dismissed the appeal. Justice Neena Bansal Krishna and Justice Suresh Kumar Kait observed, “To grant a Divorce in the present case would be to add a premium to the recalcitrant and unreasonable conduct of the appellant.”
Date of Decision: March 01, 2024
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