Case: Sri Nirmal Paul Versus Shri Namita Paul
Introduction
The court dismissed the petition for divorce filed on grounds of desertion as desertion should be permanent abandonment which is not true in this case.
Facts of the case
In the present case, the husband filed for divorce on the ground of desertion by his wife. They were living separately for a long period. The Wife stayed at her parental home in Udaipur with their daughter while he lived in Agartala. She works as a teacher there. The husband filed before the family court for restitution of conjugal rights. The court directed them to meet at least once a week. After that, he used to visit them every week but the wife would never come to meet him. This is why the husband sought to file for a divorce under section 13(1)(ib) of the Hindu Marriage Act, 1955. But the appeal was quashed. The present appeal is in response to the judgment by the family court, Agartala.
Arguments of the Petitioners
The Appellant argued that his wife started misbehaving after marriage. She demanded a separate home from his parents as she was not willing to cook for all. Her conduct to her husband and his family was very rude and indignant. She left them and started living in Udaipur at her parental home. She wanted her husband to live with her in Udaipur at his parental home which was not acceptable to him. She never visits them.
Arguments of the Respondents
The learned counsel for the Respondent argued that all the claims against her are false. Rather, she was treated with extreme cruelty by her husband and in-laws after marriage. They physically assaulted her and ousted her from her matrimonial home. She was humiliated for dowry hence she took shelter in her parental home. She also filed a complaint against them under section 498A IPC in which her husband was held liable but he filed a review petition. She also claimed that she used to visit him often but he does not like her company and does not want to get back together.
Court’s opinion
According to the court, the divorce was filed only on the ground of desertion which means the intentional permanent forsaking and abandonment of one spouse by the other without that other’s consent, and without reasonable cause. But in the present case, the couple were regularly meeting even after living separately. Thus it is the obligation of the court and all concerned that marital status should, as far as possible, as long as possible and whenever possible be maintained. The court dismissed the appeal.
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