In the case of Dipti v. Pradhot Natvarbhai Vasaiya an appeal by the appellant-wife against the Family Court’s judgement and order approving the respondent-husband’s divorce petition
Contention from parties
Under Section 13(1)(a) of the Hindu Marriage Act of 1955, the husband had filed a lawsuit for divorce. In the husband’s situation, the wife had shown signs of being coerced into marriage from the beginning and had not been willing to get married. She allegedly had no desire in continuing their connection. Furthermore, it is claimed that the wife was adamantly opposed to returning to her marital residence following the birth of the baby boy, despite the husband’s efforts to persuade her to do so. It was claimed that since 2014, they have been living apart and have no romantic connection.
The woman claims that she has been living with her parents since 2014 because her in-laws have been torturing her physically and psychologically. Additionally, it was said that although her husband had been quite supportive prior to the birth of their son, he had not seen her afterwards.
Observation of the Court
The appeal was rejected and the Family Court’s decision awarding the divorce judgement was affirmed by the Division Bench of Justice Ashutosh Shastri and Justice Divyesh A. Joshi of the Gujarat High Court. The division bench observed that the wife’s abandonment of the husband in accordance with Section 13(1)(ia) of the Act and cruelty in accordance with Section 13(1)(ia) of the Act were the two grounds on which the husband had applied to the dissolution of marriage.
The Court ruled that the marriage between the appellant and respondent had irretrievably broken down since it was obvious that the parties had been living apart since August 2014 and that the desertion had lasted for more than eight years. The Court further stated that both spouses had lived apart for more than eight years and that they had reached the point of no return. The Court also stated that after taking into account the accusations and denials made against one another by opposing parties, it was determined that they had come to a point where they were unable to come to an understanding, bury their differences, and move on from the past. As a result, the Court rejected the current appeal and upheld the Family Court’s judgement and order awarding the divorce. However, the Court ordered the husband to give the wife Rs. 15 lakhs in alimony within a three-month term for the child’s welfare.