Hindu Marriage Act, 1955 Sections 13(1)(ia) & 13(1)(ib)–Divorce on Grounds of Cruelty & Desertion–Decree of Divorce Granted–Appeal–
Appellant-wife lived with him for only a brief period after marriage and thereafter, left the matrimonial home without any justifiable cause– Despite several reconciliation attempts, the appellant refused to resume cohabitation–Appeal–Held–Desertion involves both the factum of separation and the animus deserendi (intention to abandon) –That, the appellant’s allegations of physical abuse, demand for money, and ill-treatment were found to be unsubstantiated––Additionally, serious allegations of physical abuse against the respondent were not corroborated by any credible evidence, including testimony from their son–Findings of Family Court, affirming that the marriage had irretrievably broken down upheld – Appeal dismissed. (Paras 24 and 45)