SMT. ABHILASHA SHROTI V. RAJENDRA PRASAD SHROTI, 2024 (AB) 536
FACTS:The marriage between Smt. Abhilasha Shroti and Rajendra Prasad Shroti was solemnized on March 10, 1989. They had one child born in 1991. After a few years of marriage, they separated, with attempts at reconciliation in 1999 and 2001, both of which ultimately failed. Their relationship has been characterized by ongoing disputes and prior legal proceedings, including a withdrawn petition for divorce in 1995 and a request for restitution of conjugal rights that was also withdrawn. Allegations of cruelty were raised by the respondent, including claims that the appellant’s behaviour contributed to his mother’s suicide. They have been separated since 2001, and the court found no possibility of reviving their marital relationship after such a long period of estrangement.
Issue: Is the abandonment of a spouse without reason considered cruelty?
OBSERVATION:: The court concluded that the appellant's consistent refusal to cohabit with the respondent constituted a prolonged deprivation of companionship, which amounted to cruelty.
Although desertion was not explicitly claimed as grounds for divorce, the appellant had expressed no desire to restore the marriage. Given the 23 years of separation without justification, the court granted a decree of divorce. However, it noted that the issue of permanent alimony had not been addressed, leading to a partial allowance of the appeal.
