Madhya Pradesh High Court: The Division Bench of Vivek Rusia and Amar Nath (Kesharwani), JJ. dismissed the first appeal filed by the appellant/husband which was filed against the judgment of the Family Court rejecting the decree for divorce.
The marriage of appellant/husband and respondent/ ‘ Wife’ was solemnized on 19-11-1999 under the Hindu ritual and customs. Out of the said wedlock, the respondent/wife gave birth to a son who currently is not residing with the wife. Differences arose between them during 5-6 months of marriage and she went to her parent’s house. Appellant/husband jumped to Family Court by filing a petition under Section 13 (1) (1-A) of Hindu Marriage Act on 13-10-2000 seeking divorce. The respondent/wife applied Section 125 of Cr.P.C. on 09-12-2000 and lodged an FIR for the offence punishable under Section 498-A of I.P.C. on 17-11-2000. She also filed an application under section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights on 13-12-2000. Vide Judgment dated 30-11-2001, the appellant/husband had been acquitted for the offence punishable under Section 498-A of I.P.C. During the pendency of the aforesaid proceedings, several times compromises arrived between the parties and they lived together for some time. According to the husband, the behaviour of his wife towards his father-in-law and mother-in-law was not good, he had to take a rented house, he made all efforts to keep her happy but no improvement was shown which caused mental cruelty to him. Finally, on 05-04-2012, the respondent/wife called her father, mother and brother and went back to Ujjain along with her luggage and son. The husband again approached the Family Court filing the present petition under Section 13 of the Hindu Marriage Act on 14-07-2012. Family Court had held that the matrimonial dispute between appellant/husband and respondent/wife was on petty issues, and cannot be termed as cruelty, hence, appellant/husband was not entitled to dissolution of marriage.
The respondent/wife was present with her son and had shown her willingness to live with the appellant/husband. The appellant/husband has shown his adamant attitude and straightway declined to take her back.
The Court was of the opinion that 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 Court was 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.”
[Parag Pandit v. Sadhana, First Appeal No. 905 of 2014, decided on 12-04-2022]
For the appellant: Mr Vinay Puranik
For the respondent: Mr Vibhash Khedekar
