'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'

The Supreme Court dissolved marriage on the ground of desertion observing that the 'wife' has not pleaded and established any reasonable cause for remaining away from her matrimonial home.The petition filed by the 'husband' on the grounds of cruelty and desertion was dismissed by the District Court. The appeal preferred by the husband was dismissed by the Gauhati High Court. While considering the appeal filed by Husband, the Apex Court bench noted that from 1st July 2009 till date, they are staying separately. Merely because on account of her mother in law, the wife visited her matrimonial home in December 2009 and stayed there only for one day, it cannot be said that there was a resumption of cohabitation, the court said. The court observed:"She has not stated that she came to her matrimonial home on 21st December 2009 with the intention to resume cohabitation. The intention on the part of the respondent to resume cohabitation is not established. Thus, in the facts of the case, the factum of separation has been proved. From the evidence on record, an inference can be drawn that there was animus deserendi on the part of the respondent. She has not pleaded and established any reasonable cause for remaining away from her matrimonial home. "The bench comprising Justices Ajay Rastogi and Abhay S. Oka, referring to Lachman Utamchand Kirpalani v. Meena @ Mota (1964) 4 SCR 331 and clause (ib) of sub-section (1) of Section 13 of the Hindu Marriage Act, 1955, also observed:"The law consistently laid down by this Court is that desertion means the intentional abandonment of one spouse by the other without the consent of the other and without a reasonable cause. The deserted spouse must prove that there is a factum of separation and there is an intention on the part of deserting spouse to bring the cohabitation to a permanent end. In other words, there should be animus deserendi on the part of the deserting spouse. There must be an absence of consent on the part of the deserted spouse and the conduct of the deserted spouse should not give a reasonable cause to the deserting spouse to leave the matrimonial home."Partly allowing the appeal, the bench directed the 'husband' to pay a sum of Rs.15,00,000/- (Rupees fifteen lakhs) to the 'wife'.Case name: Debananda Tamuli vs. Smti Kakumoni KatakyCitation: 2022 LiveLaw (SC) 167Case no.|date: CA 1339 OF 2022 | 15 Feb 2022Coram: Justices Ajay Rastogi and Abhay S. OkaCounsel: Adv Manish Goswami for appellant, Adv Nidhi for respondentHeadnote:Hindu Marriage Act, 1955 - Section 13(1) (ib) - Desertion means the intentional abandonment of one spouse by the other without the consent of the other and without a reasonable cause. The deserted spouse must prove that there is a factum of separation and there is an intention on the part of deserting spouse to bring the cohabitation to a permanent end - There should be animus deserendi on the part of the deserting spouse. There must be an absence of consent on the part of the deserted spouse and the conduct of the deserted spouse should not give a reasonable cause to the deserting spouse to leave the matrimonial home. (Para 7)Hindu Marriage Act, 1955 - Section 13(1) (ib) - Desertion - The reasons for a dispute between husband and wife are always very complex. Every matrimonial dispute is different from another. Whether a case of desertion is established or not will depend on the peculiar facts of each case. It is a matter of drawing an inference based on the facts brought on record by way of evidence. (Para 8)Hindu Marriage Act, 1955 - Section 13(1) (ib) - Desertion - Merely because on account of the death of the appellant's mother, the respondent visited her matrimonial home in December 2009 and stayed there only for one day, it cannot be said that there was a resumption of cohabitation. (Para 11)Click here to Read/Download Judgment

'She Has Not Established Any Reasonable Cause For Staying Away From Matrimonial Home': Supreme Court Dissolves A Marriage On Ground Of 'Desertion'

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