Whether The (Separate Living) Wife Who Has Visited To The Matrimonial Home
For The Last Rituals Of Mother-In –Law Can Be A Proving Factor To Show The
Resumption Of Marital Relation Between Husband And Wife
A and B married in June 2009. After 13 days, both are living separately till today. Though she
came to visit matrimonial home at time of mother in law death The Supreme Court held that
desertion is proved because both never went to consummate the marriage and were living
separately from beginning till today. The intention of visiting matrimonial home for 1 day was
not to resume the marriage but to attend the last rituals of mother in law. The husband never
filed restitution of conjugal rights either. Hence, desertion proved 1.
- The reasons for a dispute between husband and wife are always very complex. Every
matrimonial dispute is different from another. Whether a case of desertion is
established or not will depend on the peculiar facts of each case. It is a matter of
drawing an inference based on the facts brought on record by way of evidence.
- The desertion means the intentional abandonment of one spouse by the other without
the consent of the other and without a reasonable cause. The deserted spouse must
prove that there is a factum of separation and there is an intention on the part of
deserting spouse to bring the cohabitation to a permanent end. In other words, there
should be animus deserendi on the part of the deserting spouse.
- There must be an absence of consent on the part of the deserted spouse
conduct of the deserted spouse should not give a reasonable cause to the
spouse to leave the matrimonial home.
Written By: Shubham Budhiraja
- Civil Appeal No. 1339 OF 2022
(Advocate, Delhi High Court)
Email: [email protected]
, Ph no: 9654055315