ADHYATMA BHATIAR ALWAR versus ADHYATMA BHATIAR SRI DEVI

The respondent-wife's continued refusal to return to the matrimonial home and her inability to substantiate claims against her father-in-law, combined with absence of demonstrated willingness to perform marital obligations, established desertion by her for more than two years under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

Parties: Appellant: Adhyatma Bhattar Alwar; Respondent: Adhyatma Bhattar Sri Devi
Jurisdiction: India
Judgment Date: 06 November 2001
Procedural Posture: Civil Appeal / Appeal From Judgment and Order Dated 23.4.94 of the Andhra Pradesh High Court in R.c.m.a. No. 4053 of 1994
Outcome: Appeals allowed; judgment of High Court set aside; judgment of trial Court restored
Legal Topics: Divorce, Desertion, Hindu Marriage Act, 1955

Family Law Divorce Desertion Hindu Marriage Act, 1955

Case Brief

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Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2

Parties

Adhyatma Bhattar Alwar

Appellant

Adhyatma Bhattar Sri Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 23.4.94 of the Andhra Pradesh High Court in R.c.m.a. No. 4053 of 1994

Legal Issues

1 Whether the respondent-wife deserted the appellant-husband for a continuous period of more than two years under Section 13(1)(ib) of the Hindu Marriage Act, 1955

Ratio Decidendi

Court Disposition

Appeals allowed; judgment of High Court set aside; judgment of trial Court restored

Orders

Judgment of the High Court is set aside; judgment of the trial Court is restored
No order as to costs