Hirdayshay Vs. Nutanbai

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

FA, 54 of 2001, Judgment Date: Dec 09, 2021

Law laid down - Held :

1. The husband and wife lived together only for about two years intermittently, since February, 1988 and thereafter, the husband had to either serve the notice or to take the recourse of issuance of search warrant through S.D.M. Despite making persistent efforts to persuade wife to return, she did not join the company of husband and she filed two cases against the husband, both resulted in dismissal. Thus, the intention of wife is clear i.e to bring the cohabitation to an end without reasonable cause and, therefore, the ground for divorce under section 13(1)(i)- b of the Hindu Marriage Act, 1955 is made out.

2. Irretrievable breakdown of marriage is not a ground for divorce under section 13 of the Act of 1955. However, the circumstances such as parties being living separately for a considerable long time, like, for three decades (in the present case). Such separation has created unbridgeable distance between the two and such marriage is beyond repair on account of bitterness created by the acts of the parties and, therefore, such weighty circumstances can always be taken into consideration while deciding the case of divorce between the parties.

3. Filing of a case for maintenance or a private complaint for offences punishable under Section 498-A and 294 of the I.P.C in itself would not amount to cruelty.

Hirdayshay Vs. Nutanbai