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Synopsis

The Allahabad High Court recently dismissed an appeal for divorce on the grounds of desertion and cruelty, filed by a man against his wife. The man alleged that his wife had deserted him. However, court ruled against his claims. 

The bench of Justices Saumitra Dayal Singh and Donadi Ramesh said that merely because the husband and wife had remained separated for reason of their separate jobs with one working at Jhansi and the other at Auraiya, it could not be said that desertion occurred. 

The couple, married in May 1999, has a child born in 2000. According to the appellant, the husband, they had been living separately since June 2003, leading him to file for divorce in 2007.

The primary ground was desertion, with additional allegations of cruelty. However, the respondent, his wife, challenged these claims with both oral and documentary evidence.

The high court highlighted the fact that the respondent's job as a primary school teacher in Auraiya was located just 2 kilometers from the appellant's ancestral home. Court saw this proximity as a significant factor, disproving the notion of willful or continued desertion.

Furthermore, the court noted that the wife had obtained her posting in Auraiya with the full knowledge and consent of the appellant. This undermined the claim that her employment situation constituted desertion.

Adding to the complexity, the wife presented evidence to show that she had been unwell and hospitalized in late June 2003. Medical documents and leave certificates further discredited the husband's timeline of events. Based on this, court found no willful desertion, attributing the couple's separation to employment-related circumstances rather than intentional abandonment.

Regarding the ground of cruelty, the court found no substantial evidence supporting the husband's claims. While the wife had filed criminal cases against the appellant, alleging dowry demands and domestic violence, the court noted that these cases were still pending and could not be dismissed outright as false.

On the contrary, the wife produced evidence that suggested the husband had attempted to remarry during their marriage and that dowry demands had been made on her family.

As a result, the high court upheld the family court's decision to dismiss the divorce case instituted by the man, rejecting the grounds of desertion and cruelty. The appeal was dismissed for lack of merit, affirming the findings of the lower court.

Case Title: Arvind Singh Sengar Vs. Smt. Prabha Singh