2020 (4) ABR 132 ::AIROnline 2020 Bom 841 ::(2021) 7 All MR 670 (BOM)

Bombay High Court

Hon'ble Judge(s): V. M. Deshpande, S. M. Modak , JJ

Hindu Marriage Act (25 of 1955) , S.13(1)(ib)— Divorce by husband - Ground of desertion - Husband seeking divorce on ground that wife deserted him without there being any reasonable cause - Plea of husband that after birth of their son, for about eight months wife resided with him and thereafter she left matrimonial house in the year 1989 and again resumed cohabitation in year 1993 - Except plea of husband, no corroborative evidence for same - No step taken by husband for resumption of cohabitation in between parties - No cogent evidence brought on record by husband that wife was residing separately on her own - Separation of wife cannot be termed as desertion without reasonable cause - Merely because wife did not enter into witness box, does not mean that husband has proved his case legally - Husband failed to prove that his wife has deserted him without any reasonable cause - Not entitled decree for divorce. (Para 18 19 20)