Wife residing separately for years without reasonable and probable cause - Amounts to cruelty
Himachal Pradesh High Court Upholds Divorce on Grounds of Cruelty and Desertion. Mangla Devi's prolonged separation from husband Ashok Kumar deemed unjustifiable; divorce decree stands confirmed.
In a significant ruling, the Himachal Pradesh High Court has affirmed the decision of the District Judge, Hamirpur, granting divorce to Ashok Kumar from his wife, Mangla Devi, on the grounds of cruelty and desertion. The judgment, delivered by Justice Satyen Vaidya, emphasized the prolonged separation of the couple, which exceeded three decades, and upheld findings from earlier proceedings that operated as res judicata against the wife.
The case traces back to the marriage of Mangla Devi and Ashok Kumar in January 1995, which saw the wife residing separately from her husband shortly after the union. Ashok Kumar's persistent attempts to reconcile were met with resistance, leading to a petition for restitution of conjugal rights in 1996. However, Mangla Devi did not contest the proceedings, resulting in an ex parte decree against her.
The court noted that despite the birth of their son in December 1995, the separation continued, with the son residing with his mother. The District Judge's reliance on previous judgments, including a 1998 decree and a 2011 maintenance order, underscored the wife's unjustifiable conduct in living apart from her husband.
Justice Vaidya's judgment dismissed Mangla Devi's appeal, stating that her continuous separation without reasonable cause constituted both desertion and cruelty. The decision reflects a detailed examination of the parties' extensive separation period and prior legal findings, reinforcing the legal principle of res judicata.
The judgment is expected to have implications for similar cases, highlighting the significance of established judicial findings in determining matrimonial disputes. With this ruling, the appeal stands dismissed, reaffirming the District Judge's decree for divorce.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(ia), 13(1)(ib), Section 9; Code of Criminal Procedure, 1973 Section 125
Mangla Devi v. Ashok Kumar, (Himachal Pradesh) : Law Finder Doc Id # 2782483
