Husband is entitled to get divorce from his wife if she desereted him for his low earning

Karthik.T | Sastra Deemed University Thanjavur | 17th July 2020

Geeta Jagdish Vs Jagdish Mangtani

FACTS:

The fact of this case is the husband filed a petition on the ground of desertion by the wife. The wife had deserted the husband on the ground that he was not having enough income. She left the matrimonial home in Mumbai only after seven months of the marriage and started living with her parents in Gujarat where she gave birth to a child and then continue with her teaching job in Gujarat. No attempt was made by her to stay with her husband, which establish animus deserendi. Parties knew they’re earning before their marriage. However, the wife had chosen to adopt a course of conduct which proved desertion on her part without reasonable cause. It also amounts to wilful neglected to the husband. 

ISSUES:

Whether the husband is entitled to get a divorce?

LEGAL PROVISION:

Section 13 of The Hindu Marriage Act, 1955.

PETITIONER CONTENTION:

Petitioner contended that her wife is not living with him and she has deserted him. He was being lone for a long time. She also doesn’t have an idea to live with him. The reason for desertion is he is not earning money more. So the petitioner prays the court to get a divorce from her wife. 

RESPONDENT CONTENTION:

Respondent contended that she left her husband because her husband his not earning more and there is no way to survive with and to look after her child with his income so she left the matrimonial home and went to live with her parents.

OBSERVATION:

The court observed that she left the matrimonial house as soon she married ie within seven months that her husband’s earning is too low. The husband contended that his wife also know all about him before the marriage and she also accepted it then get married to him. After the marriage, she left the matrimonial home and started living with her parents. His husband is living separately for many years. Till now she is not accepting her husband and live together. Marriage is where two people should live together and share their bondings. 

JUDGMENT:

The court observed everything which both the parties to the marriage contended and held that the husband is entitled to get a divorce from her wife.