Khushi Doshi
Published On: February 16, 2022 at 15:29 IST
The unique facts of each Case will determine whether or not a Case of Desertion is formed. It is a matter of drawing an inference based on the facts presented in Evidence.
A bench of Justices Ajay Rastogi and Abhay S Oka ruled in Lachman Utamchand Kirpalani v. Meena Mota that,
“Desertion means the intentional abandonment of one spouse by the other without the consent of the other and without a reasonable cause.”
The District Court dismissed Debananda’s Petition on the grounds of Cruelty and Desertion set out in Clauses (ia) and (ib) of Sub-section (1) of Section 13 of the Hindu Marriage Act, 1955. Later, an Appeal filed against the District Court’s decision was also dismissed by the Guwahati High Court.
The Bench found no Evidence of a resumption of cohabitation. As a result, it was concluded that Kakumoni harboured animus deserendi. As a result, it was determined that a case for desertion had been made out, but no case for cruelty could be established.
In order to reach an amicable settlement, the court directed Debananda to pay Rs.15,00,000/- to his wife while allowing the appeal and setting aside the impugned judgments.