Source: Madhya Pradesh High Court

Why in News?

A bench of Justice Vijay Kumar Shukla and Justice Hirdesh granted divorce on the ground of desertion.

• The Madhya Pradesh this judgment in the case of X v. Y.

What is the Background of X v. Y Case?

• The appellant/wife filed a petition under Section 13(1) of the Hindu Marriage Act, 1955 (HMA) seeking dissolution of her marriage with the respondent/husband. The marriage was solemnized on 21^st November 2011.
• The appellant/wife alleged that the respondent/husband had a cruel, aggressive, and short-tempered nature, and he tortured her physically and mentally.
• Two criminal cases were registered against the respondent/husband.
• The respondent/husband was convicted in the second case under Section 302 of the Indian Penal Code. 1860 (IPC) and sentenced to life imprisonment for murdering his father.
• The Family Court dismissed the appellant/wife's petition for divorce, holding that the conviction in a criminal case does not amount to cruelty, and there was no evidence of cruelty before the registration of the criminal case in 2017.
• The appellant/wife filed an appeal challenging the Family Court's judgment, arguing that the respondent/husband's conviction for murder and life imprisonment amounts to mental cruelty towards her, and it would be difficult for her and her minor daughter to live with him.
• The appellant/wife also claimed that the respondent/husband's arrest and imprisonment since 2017 amounted to desertion of more than two years.

What were the Court’s Observations?

• The sole issue considered by the court in this appeal is whether the conviction of the husband in a criminal case under Section 302 of the IPC and his sentence of life imprisonment amount to "mental cruelty" to the wife.
  • The court observed that although there is no provision in the HMA for granting divorce on account of conviction of the spouse for life imprisonment, there is a provision for granting divorce on the ground of mental cruelty.
• The court held that due to the aggressive nature of the respondent/husband, his facing trial under Section 307 of the IPC, and his subsequent conviction for murdering his father under Section 302 of the IPC, it would cause constant fear about the safety of the wife and her minor daughter while living with him.
• The court held that the conviction of the husband under Section 302 of the IPC and his sentence of life imprisonment amount to mental cruelty towards the wife, entitling her to get a divorce from her husband.
• The court also noted that the respondent/husband's arrest and imprisonment since 2017 amounted to situational desertion of the wife for more than two years, which is another ground for granting divorce.
• Accordingly, the court allowed the appeal, set aside the Family Court's judgment dismissing the wife's petition, and dissolved the marriage between the appellant/wife and respondent/husband solemnized on 21^st November 2011.

What is Law Related to Divorce Through Desertion?

• About:
  • Desertion is one of the grounds for seeking divorce under Section 13(1)(ib) of the HMA.
  • It refers to the negation of the essence of marriage, which is living together. When one spouse abandons the other without reasonable cause and against their consent, it constitutes desertion.
  • The concept of desertion is not explicitly defined in the HMA, as it is a dynamic and variable concept that changes with time and societal norms.
• Elements of Desertion:
  • Factum Deserendi: The factual separation or physical withdrawal of one spouse from the other.
  • Animus Deserendi: The intention to desert or permanently abandon the other spouse.
  • Absence of reasonable cause: The desertion must be without a reasonable cause or justification.
  • Absence of consent: The desertion must be against the wish or without the consent of the deserted spouse.
  • Continuous period of two years: The desertion must have persisted for a continuous period of not less than two years immediately preceding the presentation of the divorce petition.
• Types of Desertion:
  • Actual Desertion: When one spouse physically leaves the matrimonial home with the intention of permanently abandoning the other spouse.
  • Constructive Desertion: When the conduct of one spouse is such that it becomes impossible for the other spouse to live with them, compelling the latter to leave the matrimonial home.
• Termination of Desertion:
  • Resumption of cohabitation: If the deserting spouse returns and resumes living with the deserted spouse, with mutual consent and the intention to reconcile, desertion comes to an end.
  • Resumption of marital intercourse: Engaging in marital intercourse can be seen as an intent to reconcile and terminate desertion, provided it is not a casual act.
  • Offer to reconcile: If the deserting spouse genuinely offers to reconcile and return to the matrimonial home, and the offer is not accompanied by unreasonable conditions, desertion can be terminated.
• Reasonable Cause for Desertion:
  • Cruelty or ill-treatment by the other spouse.
  • Adultery or immoral conduct by the other spouse.
  • Refusal to cohabit or perform marital obligations without justification.
  • Demanding the resignation of a working spouse from their job without valid reasons.

What are the Landmark Cases on Divorce Through Desertion?

• Savitri Pandey v. Prem Chandra Pandey (2002):
  • In this case, the Supreme Court explained the meaning of 'desertion' to seek divorce under the HMA.
  • The court said that Desertion for the purpose of seeking divorce under HMA, means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause.
  • Desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case.
• Sivasankaran v. Santhimeenal (2022):
  • In this case, the Supreme Court discussed the ramifications of marriage breakdown and the devastating effects felt by women.
  • The court said that a marriage is more than a seemingly simple union between two individuals. Once this amity breaks apart, the results can be highly devastating and stigmatizing.
  • The primary effects of such breakdown are felt especially by women, who may find it hard to guarantee the same degree of social adjustment and support that they enjoyed while they were married.