FIRST LAW

Hindu Marriage Act, 1955 - Section 13(1)(i-b) - Divorce - Ground of Desertion - Where divorce has been sought on the ground of desertion only, the court cannot grant divorce on the ground of cruelty.

The Indian Penal Code, 1860 - Sections 498-A and 406 IPC read with Section 34 - The very filing of the case on the premise that there is matrimonial cruelty demanding dowry by itself may not be a reason to arrive at a conclusion that the wife had committed cruelty.

Hindu Marriage Act, 1955  - The family court or even High court cannot grant a decree of divorce on the ground of irretrievable break down of marriage as it is not a ground under the Hindu Marriage Act.

In order to get a decree for divorce on the ground of desertion, the party who approach the court alleging desertion is supposed to prove that the opposite party willfully stayed away from him/her company and abstained from cohabitation without any reason that too with the intention to put an end to the marital relationship.