Court rules desertion petition premature as statutory two-year period not met; clarifies irretrievable breakdown is not independent ground for divorce; grants permanent alimony of Rs. 9 lakhs on mutual consent.
In a significant judgment dated September 15, 2026, the Allahabad High Court (Division Bench comprising Justices J.J. Munir and Indrajeet Shukla) upheld a decree of divorce granted to Ashish Dixit against his wife, Preeti Dixit (also known as Preeti Pachaui and Preeti Sharma), on the sole ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Court set aside the Trial Court's finding on desertion, holding that the petition filed on the ground of desertion was not maintainable as it was instituted within five days of the alleged desertion, thus failing to satisfy the mandatory statutory requirement of continuous desertion for not less than two years immediately preceding the petition.
The matrimonial dispute arose from a marriage solemnized on February 11, 2005, at Agra. The couple lived together in Delhi from February 2005 to September 21, 2006, after which the wife left the matrimonial home at the husband's request. The husband filed a divorce petition on September 26, 2006, citing cruelty and desertion. The wife contested the allegations, denying any cruelty and alleging dowry harassment and false accusations.
The Trial Court had allowed the husband's petition on both grounds and dismissed the wife's petition for restitution of conjugal rights. On appeal, the High Court re-examined the pleadings and evidence, particularly scrutinizing the ground of desertion. The Court emphasized that desertion, as defined in Section 13(1)(ib) of the Hindu Marriage Act, requires a continuous period of at least two years of abandonment immediately prior to filing the petition. Since the petition was filed within a week of the wife leaving the matrimonial home, and the husband himself had requested her to leave, the element of "animus deserendi" (intention to desert) was absent. Consequently, the Court held that the desertion claim was not sustainable.
On the ground of cruelty, the Court applied established Supreme Court precedents defining cruelty as conduct that causes such mental or physical suffering that it is not possible for the aggrieved spouse to live with the other. The Court noted that cruelty must be assessed cumulatively, not by isolated incidents. Despite some allegations lacking precise dates, the husband's testimony remained largely unchallenged in cross-examination. The Court held that repeated physical assaults such as biting, pulling hair, and physical abuse within the matrimonial home, though lacking independent corroboration, were credible given the nature of domestic disputes. The Court found no perversity in the Trial Court's conclusion that cruelty was established.
The Court also clarified that irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act. It explained that although the Supreme Court may grant divorce on such grounds under its extraordinary powers under Article 142 of the Constitution, such judgments do not create binding precedents or additional statutory grounds for subordinate courts.
Regarding permanent alimony under Section 25 of the Act, the Court observed that a written application or specific claim in the written statement is ordinarily required to determine entitlement and quantum, allowing parties to present evidence on income, assets, and liabilities. However, the Court noted that oral prayers for alimony may be entertained in exceptional cases where parties agree on entitlement and quantum. In the present case, both parties, through their counsel, agreed to a lump sum permanent alimony of Rs. 9 lakhs payable within three months, which the Court accordingly awarded.
Finally, the Court dismissed the wife's petition for restitution of conjugal rights, reinforcing that the decree of divorce is sustained on the ground of cruelty alone.
This judgment underscores the importance of adhering to the statutory requirements for desertion and clarifies the limited scope of irretrievable breakdown as a ground for divorce. It also provides guidance on the procedural requirements for permanent alimony claims under the Hindu Marriage Act.
Bottom Line:
Hindu Marriage Act, 1955 - Divorce - Desertion must continue for not less than two years immediately preceding presentation of petition - Petition filed within five days of alleged desertion held not maintainable on that ground - Decree of divorce, however, sustained on ground of cruelty alone - Irretrievable breakdown of marriage is not an independent statutory ground for divorce available to High Court/Trial Court - Permanent alimony under Section 25 ordinarily requires a written application or at least a specific claim in written statement, though oral prayer may be entertained exceptionally where parties are ad idem on entitlement and quantum.
Statutory provision(s):
Hindu Marriage Act, 1955 Sections 9, 13(1)(ia), 13(1)(ib), 25; Family Courts Act, 1984 Section 19; Constitution of India Articles 141, 142
