The Madhya Pradesh High Court recently comprised of a division Judge bench of Justice Vivek Rusia and Justice A.N. Kesharwani while dismissing an appeal for divorce preferred by the husband remarked that the appellant/husband being a husband and father cannot run away from the responsibility towards his son by simply taking divorce on the ground that he wants to serve his mother and father for remaining his life. His son must be the same feeling to serve his father. The appellant has a responsibility toward his son and wife also, he cannot leave them alone at this stage of life.
Facts of the case
The Appellant/husband had filed an application before the family court for divorce U/S 13 of the Hindu Marriage Act. After examining the documents on record, the lower court had concluded that the matrimonial dispute between the Appellant/husband and Respondent/wife was petty in nature, which did not amount to cruelty on the part of the wife and therefore, the husband was not entitled to dissolution of marriage. Aggrieved by the said order, the husband preferred an appeal before the Court.
Contention of the Parties
Learned counsel for the appellant/husband argued that apart from the merit of the case, the appellant/husband and respondent/wife are living separately since 2012 i.e. almost 10 years and there is no cohabitation between them during this year. Despite all efforts, they could not live together for a longer period. The appellant/husband twice compromised with the respondent/wife but she did not change her behaviour towards the husband, father-in-law and mother-in-law, therefore, there is no possibility rather there is no hope for their living together for the rest of their life. Hence, the appellant/husband is entitled to a decree of divorce. It was further submitted by the learned counsel that the appellant was subjected to mental cruelty due to the behavior of the respondent/wife. She tried to implicate the appellant falsely for the offence punishable under Section 498-A of I.P.C. in which he has been acquitted. The appellant/husband twice compromised with the respondent/wife.
Learned counsel for the respondent/wife submitted that decree of divorce cannot be granted merely by asking by husband or wife as the case may be. The appellant/husband approached the Family Court seeking decree of divorce, therefore, the burden was upon him to prove allegations levelled against his wife within the scope of Section 13(1) of the Hindu Marriage Act to get a decree of divorce. The appellant/husband has failed to establish physical or mental cruelty by leading cogent evidence, therefore, the Family Court has rightly declined the decree of divorce. Now the appellant/husband and respondent/wife reached the advanced age of life, they need a companion for the remaining of their life. The appellant/husband, who is the father of a son aged about 22 years cannot run away from liability to settle his son in the life. The respondent/wife has taken all the care and educated him alone being a single mother. The divorce, at this stage, will keep the future of the son in dark. Merely long separation cannot be solely ground for divorce when there is hope they can come together.
Court's observations and Judgment
The bench taking note of the letters that were exchanged between them and noted that Letters exchanged between the appellant/husband and wife are available in the record and the conversation between the parties reflects that there was no serious dispute between them and both were polite to each other. They both tried to mollify each other so that they can live together with little adjustment in life.
The court further taking note of the submissions of the Parties and even the submissions made by the appellant's son remarked, "She appears to be a sensible lady, therefore some incident that took place 10-12 years back, which is normal between husband and wife, cannot be a ground for divorce. Their son reached the age of 22 years. The appellant/husband being a husband and father cannot run away from the responsibility towards his son by simply taking divorce on the ground that he wants to serve his mother and father for remaining his life. His son must be the same feeling to serve his father. The appellant has a responsibility toward his son and wife also, he cannot leave them alone at this stage of life."
The bench dismissing the appeal remarked, "We are of the affirm view that the appellant has failed to establish his case to get the decree of divorce. The decree of divorce cannot be granted merely on the ground that husband and wife are living separately since last so many years. The appellant has failed to establish the allegation levelled in the petition by leading evidence. Based on Hindu law, marriage is a sacred tie and the last of ten sacraments that can never be broken. Also, it is a relationship that is established by birth to birth. Also, it is not only considered as sacred but it is also a holy union. The main objective of marriage is to enable a woman and a man to perform their religious duties. Along with this, they also have to beget progeny. Based on ancient writings, a woman is considered half of her husband and thus completes him. While a man is also considered incomplete without a woman."
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