SHAILENDRA MADHUKAR BHALERAO Vs. SURUCHI SHAILENDRA BHALERAO

JUDGEMENT

(1.) This family Court appeal challenges a dismissal order passed by the Family Court at Pune on a divorce petiton filed by the Appellant husband on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act.

(2.) The facts of the Appellant's case may be briefly stated as follows: The Appellant and the Respondent were married on 20 December 1994. They have a son by the name of 'Shardul'. (The son, who was a minor on the date of the petition as well as on the date of the impugned order, is now a major, aged 23 years.) The Respondent left the matrimonial home and the parties have been living separately since February 1998. In 1999, the Appellant filed a divorce petition on the ground of cruelty. The petition was dismissed by the Family Court on 25 August 2000. The parties, however, continued to live separately ever since their original separation in February 1998. They have had no relations ever since. On 31 May 2008, when the Respondent preformed the thread ceremony of their son, Shardul, whilst living at her parental home, the Appellant and his immediate family members such as parents, brother, etc. were not invited. The only communication they had was through a few phone calls. This state of affairs continued till the filing of the petition, i.e. till 20 July, 2006. (It continues till date, i.e. till the date of this order.) On these facts, it is the submission of the Appellant that the Respondent has deserted him; the statutory period of separation has passed long by; and divorce ought to be granted.

(3.) The parties were sent to a marriage counsellor and even the Family Court explored the possibility of a mutual settlement, which did not come about. The trial thereafter commenced, when the parties led evidence before the Court. The Family Court, after hearing the parties, dismissed the petition on the ground that though the parties were admittedly living apart since the last over ten years, the separation was at the instance of the Appellant husband; the Respondent wife's evidence in this behalf was practically unchallenged or unrebutted.