CASE TITLE:
Mohit Preet Kapoor Vs Sumit Kapoor
DATE OF ORDER:
16TH FEBRUARY, 2022
JUDGE(S):
Hon’ble Justice Sunita Agarwal And Justice Krishanpahal
PARTIES:
Petitioner: Mohit Preet Kapoor
Respondent: Sumit Kapoor
IMPORTANT PROVISION:
Section 13 of the Hindu Marriage Act.
SUBJECT
The Allahabad High Court ruled that the wife's frequent visits to her parent’shouse without the consent of her husband and other family members do not constitute desertion or cruelty. The Bench of Justice Sunita Agarwal and Justice Krishan Pahal made this observation while allowing an appeal filed by the Appellant/wife challenging the judgement and order passed by the Additional Principal Judge, Family Court, Bareilly under Section 13 of the Hindu Marriage Act granting divorce decree in favour of the husband.
BRIEF FACTS
- The Appellant/Wife (Mohit Preet Kapoor) and Respondent/Husband (Sumit Kapoor) married in December 2013.
- In July 2017, the husband filed for divorce on the grounds that the appellant, his wife, had abandoned her matrimonial home without explanation in January 2015, along with her family members, while he was away.
- The appellant's wife was said to have left her matrimonial home in January 2015 with her father and brother, and again in January 2017 when the respondent refused to accompany her to her matrimonial home.
- Meanwhile, in September 2017, the wife filed an application for maintenance under Section 24 of the Hindu Marriage Act, which was granted, with an amount of Rs.5,000/- per month awarded to the appellant and Rs.2000/- awarded to her daughter for monthly maintenance.
- The wife, on the other hand, stated unequivocally that the respondent (husband) evicted her and her daughter from their matrimonial home in July 2016, and that he had not filed any legal action to reclaim his conjugal rights.
ANALYSIS BY THE COURT
- The Court stated at the outset that it could not be inferred from the parties' actions and conduct that the appellant deserted her husband (respondent) with the intention of permanently ending cohabitation by leaving her matrimonial home on 10.01.2015 in the absence of her husband.
- As a result, the Court concluded that the cause of action, which was alleged to have accrued first on 10.01.2015 and then again on 15.01.2017, a period of two years of desertion, was not proved by the evidence on record.
- The Court also noted that when the application under Section 24 of the Hindu Marriage Act was filed, the husband contested it on various grounds and did not come forward to pay interim maintenance even for his daughter.
CONCLUSION
- The Court overturned the lower court's decision that the appellant/wife had deserted her husband without reasonable cause between 10.01.2015 and 15.01.2017.
- The Court determined that the ground of cruelty was not established.
- The Court determined that the respondent-husband could not prove cruelty from the appellant's acts, conduct, or behavior by presenting any evidence, let alone compelling evidence.
- The trial court's divorce decree was reversed, and the Court ordered the respondent to pay Rs.30,000/- per month in child support to his daughter. In September 2018, the lower court also granted the wife maintenance.
- Hence, the appeal is allowed.
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