Madhya Pradesh High Court Declines Divorce After Husband Fails to Establish Desertion or Cruelty

The Madhya Pradesh High Court affirmed the Family Court’s refusal to grant divorce, holding that the husband failed to prove desertion or cruelty under the Hindu Marriage Act. 

The Court reiterated that desertion requires animus deserendi, a clear and settled intention to permanently terminate the marital relationship, which was not demonstrated.

The Court observed that the husband produced no independent, corroborative, or documentary evidence to show cruelty, refusal to cohabit, or any conduct amounting to matrimonial misconduct.

Finding that the allegations were unsubstantiated and unsupported by material on record, the Court dismissed the appeal and upheld the continuance of the marriage.