On July 8, 2024, the Supreme Court affirmed that a divorce petition can be filed citing desertion if the spouses have not resumed conjugal relations for one year or more following the issuance of such a decree. Justices Abhay S. Oka and Ujjal Bhuyan upheld a petition filed by a man challenging a high court ruling that had reversed a divorce decree granted on desertion grounds.
“This is a case of a complete breakdown of marriage for the last 16 years and more,” the court noted.
The court also determined that the appellant’s abandonment, which began no later than 2008 and continued until the filing of the divorce petition in 2013, was without justification.
“Therefore, a decree for divorce on the ground of desertion under Section 13(1)(ib) ought to have been passed. Thus, in our view, the High Court ought to have confirmed the decree of divorce on the ground of desertion,” the bench said.
The parties married on March 25, 1999, and have two adult children, according to court records. Their marital discord resulted in various legal proceedings starting in 2006. This led the appellant to initiate a petition under Section 9 of the Hindu Marriage Act, 1955, seeking the restoration of conjugal rights.
On December 17, 2008, the husband filed a petition for restitution of conjugal rights. On May 15, 2013, the Additional Civil Judge (Sr. Division), Barnala, issued a judgment and decree for restitution of conjugal rights, directing the wife to return to her husband within three months. When the wife failed to comply, the husband filed a petition under Section 13 of the Hindu Marriage Act on August 23, 2013, seeking divorce on grounds of cruelty and desertion in the Family Court at Barnala.
The wife appealed to the High Court of Punjab and Haryana, which dismissed her appeal on February 19, 2015, upholding the decree for restitution of conjugal rights. On August 1, 2016, the Family Court in Barnala granted the husband’s divorce petition, ending the marriage.
The wife contested this divorce decree and appealed to the Punjab and Haryana High Court, which overturned it on October 4, 2019. The high court determined that desertion was not proven, citing the appellant’s continuous neglect as a husband, which allegedly forced the wife to reside at her parental home.
However, the Supreme Court bench overturned this decision, stating, “In our opinion, the High Court’s finding on the issue of desertion cannot be upheld.” The court also observed that the wife did not present evidence of any effort to reconcile or resume cohabitation after February 19, 2015, when the High Court affirmed the decree for restitution of conjugal rights.
“We must note that between August 1, 2016, when a decree of divorce was passed, and October 4, 2019, when the decree was set aside, no efforts were made by the respondent to resume cohabitation. She had not made out any such case. Moreover, there is no material on record to show that after the decree of restitution of conjugal rights was passed, the respondent showed even an inclination to resume cohabitation with the appellant,” the bench said.
Referring to Section 13(1A)(ii) of the Hindu Marriage Act, the bench pointed out that a divorce petition can be initiated if there has been non-compliance with the decree for restitution of conjugal rights for a period exceeding one year.
The court also acknowledged the appellant’s proposal to offer a lump sum alimony of Rs 30 lakhs to the respondent-wife, which the bench deemed reasonable and acceptable. “While we are granting a divorce decree on grounds of desertion, it is crucial to specify that this decree will be effective only upon the payment of Rs 30 lakhs to the respondent-wife,” the bench underscored.
