Bench:
Justice D.P. Mohapatra, Justice Brijesh Kumar
Issue:
When can desertion by one spouse be justified to refuse grant of divorce to the other spouse?
Facts:
- The appellant (husband) & respondent (wife) were married in 1976.
- The wife was not happy with the living conditions of her husband as she came from a better background.
- In 1977, she went to her parents’ house on her brother’s wedding & didn’t return despite the efforts of the husband. She made allegations of adultery on him.
- Being mentally tortured, he filed a petition for divorce which was later withdrawn as their relation improved.
- Again, the relation worsened as she used to pressurize him to live at Vijaynagar. She left his home & didn’t return.
- In 1982, the appellant filed a petition for restitution of conjugal rights. The wife made allegations of adultery on him. So, he modified the petition & wanted divorce.
- Based on evidences, the trial court concluded that there existed an illegitimate relationship of husband with another nurse. On part of the wife to desert him is valid. Therefore, petition for divorce was dismissed. HC upheld this decision.
- The appellant filed an appeal in SC.
Appellant's contentions:
It was contended that relationship between husband & wife has been totally broken down. Also, they have been living separately. Therefore, divorce should be granted.
Respondent's contentions:
It was contended that HC is right to not grant the decree of divorce. The wife is ready to live with appellant if he discontinues his adulterous relationship. Also, u/s 23 of the HMA, the appellant can’t be granted relief of divorce as he is taking benefit of his own wrong in this case.
Judgement:
The Supreme Court dismissed the appeal. It was observed by the court that the reason for the wife living separately from her husband is justified based on the wrongs done by the husband. Also, the wife is ready to live with him on a reasonable condition of scrapping his relation with the other woman. Therefore, divorce can’t be granted as it is the misconduct on the part of appellant and not on respondent.
