The High Court of Madhya Pradesh at Jabalpur recently dismissed a first appeal (F.A. No. 2370/2024) filed by Jitendra Jani, who sought divorce from his wife, Smt. Bhumi Jani, under Section 13(1) of the Hindu Marriage Act, 1955. The court upheld the Family Court’s decision, stating that the appellant failed to prove cruelty or desertion as valid grounds for divorce.
Background of the Case
Jitendra Jani and Bhumi Jani were married in 2007 and have two children. The appellant alleged that his wife exhibited cruel behavior, including refusing to live with his parents, abandoning marital rituals, and threatening false dowry complaints. He also claimed she deserted him on March 28, 2024, and filed for divorce on July 1, 2024. However, the Family Court rejected his petition, noting the absence of evidence to support his claims.
The High Court emphasized that cruelty under the Hindu Marriage Act must be severe enough to make cohabitation intolerable. Referring to precedents like Naveen Kohli v. Neelu Kohli and Gurbux Singh v. Harminder Kaur, the bench observed:
"Mere trivial irritations, quarrels, or normal wear and tear of married life do not amount to cruelty. The married life must be assessed as a whole."
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The court noted that the appellant’s allegations-such as his wife’s refusal to wear a mangalsutra or attend family functions-were minor disputes common in marital life. Additionally, her reply to his reconciliation notice expressed willingness to resume the marriage, provided he assured care and fidelity.
Desertion Claim Rejected
The appellant argued desertion, but the court pointed out that the separation period (March 28 to July 1, 2024) was less than the mandatory two years required under Section 13(1)(ib) of the Act. The bench stated:
"Desertion demands proof of intentional abandonment for a continuous period. Short-term separation with attempts at reconciliation negates this ground."
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The High Court concluded that the appellant failed to establish cruelty or desertion. The 17-year marriage and two children indicated functional cohabitation, and the disputes cited were routine marital conflicts. The judgment reinforces that divorce cannot be granted for ordinary marital discord without substantial proof of intolerable cruelty.
The appeal was dismissed, affirming the Family Court’s decision.
Case Title: Jitendra Jani vs. Smt. Bhumi Jani
Case No.: First Appeal No. 2370 of 2024 (F.A. No. 2370/2024)
