New Delhi: The Supreme Court has ruled
that a husband or wife is not entitled to divorce if it is
proved that one deserted the other due to constant torture or
harassment.
For instance, if the wife due to constant harassment
is compelled to leave the matrimonial home and live
separately, the husband cannot invoke the ground of
"desertion" as provided under the Hindu Marriages Act to
obtain divorce, a bench of Justices P Sathasivam and Asok
Kumar Ganguly said in a judgement.
The apex court passed the judgement while dismissing
the appeal of Ravi Kumar who sought divorce from his wife on
the ground of desertion, although it was his constant
harassment which drove her to leave the husband`s home and
live separately.
Under the Hindu Marriage Act, divorce can be granted
if it is established that one of the spouse has deserted the
the other.
"In this case, the child has clearly stated the
cruelty of the appellant-husband towards his wife. Therefore,
there is sufficient reason for the wife to stay apart. Under
such circumstances, one cannot say the wife is guilty of
either cruelty or desertion," the apex court said.
The apex court said the Himachal Pradesh High Court
had rightly quashed the divorce granted to Ravi Kumar on the
basis of the child`s testimony which stated that it was
the father who constantly harassed the mother compelling her
to leave the home.
PTI
