Riddhi and Rajesh married each other on 05 02 2006 On the very first day of their married life Riddh......

Riddhi and Rajesh married each other on 05.02.2006. On the very first day of their married life, Riddhi told Rajesh that she married him under compulsion and that she had an affair with another person. She also informed Rajesh that she would not be able to perform her matrimonial obligations. The next morning, Rajesh left Riddhi at her parents’ place and told her that he absolved her of all marital obligations. Few months later, Riddhi came back to Rajesh and apologized. She also said that she was willing to continue with the marital bond. They stayed together for a year during which Riddhi conceived a child also. In April 2008, Rajesh had a fight with his wife and in a fit of temper, he told Riddhi that the child did not belong to him. Riddhi took offence to this statement and told her husband to take back his words. This angered Rajesh even more and he turned Riddhi along with the child out of the house. Riddhi started staying with her parents anticipating that Rajesh would apologize at some point of time and call her back. In March 2012, Rajesh sued Riddhi for divorce on the ground of desertion.
Against this backdrop, explain the ingredients of ‘desertion’ in the context of Hindu Marriage Act, 1955 and decide whether divorce can be granted to Rajesh or not Cite reasons for your answer referring to relevant cases wherever required. (15 Marks)Riddhi and Rajesh married each other on 05.02.2006. On the very first day of their married life, Riddhi told Rajesh that she married him under compulsion and that she had an affair with another person. She also informed Rajesh that she would not be able to perform her matrimonial obligations. The next morning, Rajesh left Riddhi at her parents’ place and told her that he absolved her of all marital obligations. Few months later, Riddhi came back to Rajesh and apologized. She also said that she was willing to continue with the marital bond. They stayed together for a year during which Riddhi conceived a child also. In April 2008, Rajesh had a fight with his wife and in a fit of temper, he told Riddhi that the child did not belong to him. Riddhi took offence to this statement and told her husband to take back his words. This angered Rajesh even more and he turned Riddhi along with the child out of the house. Riddhi started staying with her parents anticipating that Rajesh would apologize at some point of time and call her back. In March 2012, Rajesh sued Riddhi for divorce on the ground of desertion.

Against this backdrop, explain the ingredients of ‘desertion’ in the context of Hindu Marriage Act, 1955 and decide whether divorce can be granted to Rajesh or not Cite reasons for your answer referring to relevant cases wherever required.    (15 Marks)

By: santosh