HC: Separation not a ground for divorce

The Nagpur bench of Bombay high court dismissed a husband’s petition seeking divorce from wife living separately for last 19 years stating that it was not sufficient ground for a divorce. Single-judge bench of justice C L Pangarkar rejected the husband’s plea and said the petitioner ‘‘must first make out ground for divorce’’, just staying away for 19 years was not enough for judicial separation.

Petitioner Prabhakar Nikam is a resident of Bhalgaon in Buldhana and married Satyabhama on May 24, 1983. The couple have a son. In his petition, Prabhakar alleged that his wife did not desire to lead a happy life with him. ‘‘She was in the habit of frequently going to her parents’ house without any reason. She also used to pick quarrels and behave arrogantly with the inlaws,’’ the petition charged.

After meeting with an accident in 1989, Satyabhama went to her parents’ home and never returned, Nikam said adding that she treated him cruelly and drove him away when he tried to take her back. He asked for a relief under Section 13-A of the Hindu Marriage Act, 1955. However, Satyabhama categorically denied all the allegations. She claimed that it was Nikam who ill-treated her and forced her to bring dowry from her parents. She added that she had tried to end her life due to the ill-treatment meted out to her. She, however, did not disclose it to others as she did not want to severe the relations.

After hearing arguments, the court observed that a case for divorce was not made out and that Nikam had failed to prove the cruelty as well as desertion.

The Times of India 20 May 2008 P. 15 Delhi
With thanks from The Time of India
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