After 12 Years Apart, Bombay HC Dissolves Marriage, Finding Wife’s Desertion and Cruelty

The parties married on 28 April 2013. The husband alleged that after a brief period of cohabitation, the wife left the matrimonial home on 13 May 2014 and did not return; he also relied on alleged marital discord, contradictory statements by the wife about a romantic relationship, complaints made by her, and his unsuccessful reconciliation efforts

The husband petitioned for divorce on grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.

Although served, the wife did not file a written statement before the Family Court, which dismissed the petition on 23 September 2019

On appeal, the wife was represented but did not contest the husband’s case and declined divorce by mutual consent

Section 13(1)(ia) of the Hindu Marriage Act permits divorce where one spouse has treated the other with cruelty; Section 13(1)(ib) provides desertion as a ground for divorce.

In Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511, the Supreme Court identified illustrative, non-exhaustive indicators of mental cruelty, including sustained conduct making continued cohabitation unreasonable and prolonged separation demonstrating that the marital bond is beyond repair

Rakesh Raman v. Kavita, (2023) 17 SCC 433, explains that irretrievable breakdown is not itself a statutory ground under the Act, but the circumstances and consequences of a broken-down marriage may establish cruelty under Section 13(1)(ia)

The Court also relied on Sonal Talpada v. Veerbhan Singh, 2026 SCC OnLine SC 1063, regarding prolonged separation, subsequent events during litigation, and the appellate court’s assessment of cruelty and desertion

The Court considered the husband’s account of the wife’s conduct and the breakdown of the marriage, noting that the wife had not contested his allegations.

It found that the parties had lived separately for approximately 12 years, that the husband’s reconciliation efforts had failed, and that the wife had withdrawn from his company from 13 May 2014

Applying the cited authorities, the Court treated the prolonged separation and the alleged conduct—including the wife’s refusal to resume cohabitation—as establishing cruelty; it also found that the period and circumstances of separation satisfied the pleaded ground of desertion

It directed that a decree be drawn accordingly