"From the evidence on record, it is clear that after being married the parties lived together only for 10 months. They have resided separately since then, now almost for 20 years. We have found that the material on record is sufficient to hold the husband entitled for a decree of divorce on the ground of desertion," said the judges while dismissing Seema's plea challenging the family court's 1998 order granting divorce.
The court said that Seema had not given any justifiable reason to leave her matrimonial home. Efforts by the family court marriage counsellor to get the couple, who have a son, to stay together on a trial basis were rejected by Seema. "Why she could not agree to stay jointly on trial basis or required time till her son attained 18 years of age even to think of returning to her matrimonial house or wanted an unreasonably long time to even consider its pros and cons is not clarified. She appears not interested in cohabitation and also in dissolving the marriage. It is obvious that this is nothing but cruelty as also desertion," said the judges. "Even before the family court or then before this court, she never expressed her design to revive the relationship. She is only opposing every move of her husband without any rhyme or reason. Marriage in question has lost its propriety and there is no point in continuing the relationship," added the court.
Seema married Pradeep in December 1992. Within months, according to Pradeep, there were problems as she did not want to stay in a joint family and they moved to an independent house. In 1993, she went to her parent's house for the birth of her son and never returned. Pradeep, in 1994, moved the court for restitution of marriage, but after reconciliation efforts failed, he filed a divorce application. In 1998, the family court granted divorce, which Seema challenged in the HC. She alleged she was subjected to physical abuse at the matrimonial home and driven out of the house as she could not meet her husband's monetary demands. But the HC said Seema could not prove the ill-treatment claims.
(Names changed to protect the couple's identity)
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