Wife Deserted Husband “Without Any Reasonable Cause” In 1992: Gujarat High Court Grants Divorce To 67-Year-Old Husband After 3 Decades

Can a husband be denied divorce even when his wife left the matrimonial home, and the couple did not live together for more than three decades? The Gujarat High Court found that the husband had proved desertion and finally dissolved the marriage.

GUJARAT: The Gujarat High Court has granted divorce to a 67-year-old husband after finding that his wife had left the matrimonial home in 1992 and the couple had remained separated ever since. The Court held that the husband had successfully established the ground of desertion without reasonable cause.

The couple married in 1989 and had two sons. According to the husband, matrimonial disputes developed between them and his wife frequently quarrelled with him over small issues. In August 1992, she went to her brother’s birthday but did not return to the matrimonial home.

After years of separation, the husband filed a divorce petition in 1999 alleging cruelty and desertion. However, in 2015, the Family Court rejected the petition, holding that he failed to establish either ground. The husband then challenged the decision before the Gujarat High Court.

A Division Bench of Justice Ilesh J. Vora and Justice R.T. Vachhani examined the evidence and noted that the parties had not resumed matrimonial cohabitation after the wife left the house. The Court observed:

“Upon careful examination of the oral evidence of the parties, it appears that the decision of the separation on the part of the wife was without any reasonable cause and therefore, there has been no resumption of matrimonial cohabitation for approximately 40 years and more.”

The husband argued through advocate C.B. Dastoor that his wife had shown no interest in returning to matrimonial life and had made no meaningful attempt to resume cohabitation. He maintained that she had no reasonable cause to remain away from him.

The wife, represented by advocate Rasesh Parikh, admitted that the couple had not lived together since 1992. Her counsel submitted that, considering the age of the parties, divorce could be granted subject to enhancement of her permanent alimony. The wife was stated to be living in a religious institution.

The High Court found that the reasons given by the wife for staying separately were not sufficient to establish that the husband had created circumstances which justified her continued absence from the matrimonial home.

The Court said:

“In such circumstances, we are of the view that the findings recorded by the family court, that the appellant (husband) failed to establish desertion, are not borne out by the evidence on record and has committed an error in coming to the conclusion that the ground of desertion has not been established,”

While granting divorce to the husband, the Court also considered the wife’s financial position. She had no “independent means” of livelihood and depended on maintenance. The husband received a monthly pension of around Rs 45,000 and agreed to increase permanent alimony from Rs 12,000 to Rs 20,000 per month.

The Court recorded:

“Thus, considering the positive attitude of the appellant (husband), giving consent to increase the amount of permanent alimony to the extent of Rs 20,000, we are of the view that the amount of permanent alimony is required to be modified to the extent of Rs 20,000 per month,”

The husband also agreed that his former wife would remain the sole nominee in his service records and continue to receive pension and other retirement benefits after divorce. The High Court ultimately set aside the Family Court’s decision and dissolved the marriage on the ground of desertion.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• A Husband Cannot Be Forced To Remain Trapped In A Marriage Abandoned Decades Ago.
• Desertion Without Reasonable Cause Is A Valid Ground For Divorce, Even If Years Have Passed.
• Men Should Not Have To Spend Decades Proving That A Marriage Has Effectively Ended.
• The High Court Corrected The Family Court After Finding The Husband Had Proved Desertion.
• Marriage Cannot Become A Lifetime Legal Punishment For A Man Merely Because The Other Spouse Refuses To Resume Matrimonial Life.