Husband fails to prove wife deserted him

NT Correspondent

Bengaluru:  A man failed to prove his claim and provide evidence to that effect that his wife had left him 23 years ago. A family court here noted that the man had instituted the claim for divorce 23 years after his wife allegedly left him. The inordinate delay resulted in the court rejecting his petition. The man, then, approached the High Court in 2017 against the family court order. He was 69 years old then. The HC gave its judgement upholding the family court order recently.

“Section 23 of the Hindu Marriage Act,1955 contemplates that in any proceedings under this Act whether defended or not, if the Court is satisfied that there is unnecessary or improper delay in instituting the proceedings, the decree for dissolution of marriage cannot be granted.

In the instant case, admittedly there is enormous, unexplained delay of more than 23 years in initiation of proceedings before the Family Court and on this ground also the appeal fails,” the division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil said dismissing the appeal.

Flashback to 1974

The couple was married in 1974. They have two sons out of the marriage. The husband claimed the wife left him in1989 with an intention to desert him. He claims to have brought up the two children alone. In 2012, he filed for divorce in the family court claiming that his wife had left him 23 years earlier. The wife claimed that the husband was in an illicit relationship with another woman and clandestinely married her in 1992.

She had died under mysterious circumstances in 1994 it was claimed. He had another illicit relationship with another woman later. She also claimed that the husband had not invited her to the wedding ceremony of their children. The family court refused to grant divorce which the husband challenged in the HC. The High Court also found that the allegations levelled by the husband had not been proved.

“The appellant has failed to establish the fact that the respondent has left the matrimonial home preceding two years to filing of the petition with an intention to end the marital relationship permanently. The appellant has failed to establish the factum of cruelty that is of such nature, he is unable to lead married life with the respondentwife.

The alleged cruelty is between 1974 and 1989 and the alleged desertion is of the year 1989 and the petition for dissolution of marriage on the ground of cruelty and desertion was field on 20.07.2012 i.e., more than 23 years from the alleged cruelty and desertion,” the court in its judgement said.

Dismissing the appeal, the High Court further said, “The Family Court, on meticulous appreciation of evidence on record, has recorded a finding that the appellant has failed to prove the grounds for dissolution of marriage on the ground of cruelty and desertion. The said finding does not suffer from any infirmity warranting interference by this Court in the present appeal.”