SURESH BABU S.R. Vs. BEENA

JUDGEMENT

(1.) These matrimonial appeals are between same parties. The parties are referred to as per their marital status.

(2.) Mat.Appeal No.623/2016: This appeal is at the instance of the husband, who challenges dismissal of a petition for divorce. The husband filed a petition for divorce under Sec. 13(1) (ib) of the Hindu Marriage Act, 1955. This ground relates to divorce on the plea of desertion. The parties married according to the Hindu customs and ceremonies on 10/7/1985. One female child was born in the wedlock, who is now married and settled. The husband had filed a petition for divorce as O.P.(HMA)No.387/2001 on the ground of cruelty. He was unsuccessful before the Family Court as well as in the appeal before this Court. The appeal was disposed of by this Court on 25/6/2009. The present petition for divorce was filed on 25/10/2011 alleging that from 20/4/2001, there has been no marital relationship and the wife deserted the husband without any intention to resume cohabitation. The wife countered the allegation of desertion contending that she was forced to shift her residence for congenial upbringing of the daughter and also on account of cruel attitude of the husband. The Family Court, noting the observations by this Court in the judgment related to divorce sought by the husband on the ground of cruelty, found that the husband failed to make out a case of desertion.

(3.) The marriage was solemnised on 10/7/1985. The parties were in Dubai for 10 years and, thereafter, they returned to Thiruvananthapuram and settled there. The husband filed the divorce case on the ground of cruelty in the year 2001. That ended in dismissal. The present case of divorce on the ground of desertion was filed on 25/10/2011. Sec. 13(1)(ib) states, 'desertion' as follows: